Beyond CC&Rs: What You Should Know About Seller Disclosures

    Driving through a beautiful neighborhood, you might notice every house looks the same. This is no accident. This property has Condition, Covenant and Disclosure rules. Many developments have these guides working to maintain property values. Lots are sold in high-end property areas and only homes of a certain financial level can be built on the property. There may be any number of property rules established but they are disclosed before the buying is finalized.

    When buying a home, buyers always look for interest rates and the number of years they will pay a mortgage and seller disclosure rules might be overlooked. There are attractive homes going up all over the place but some have serious restrictions. Some places have restrictions on flower gardens, how long your trash can stay on the curb or they place restrictions on the color of your home.

    In some place, particularly with historical property, there are restrictions on what you are able to change. Building any addition on these properties is very limited even though it is your property. This is a frustrating point for some owners. Owners cannot change the flooring or ceiling texture, and property maintenance is also an issue.

    Covenants, Conditions and Disclosures are as much a part of real estate and the cost of a mortgage. Everyone making the agreement must agree to these documents but some things included are clearly illegal and therefore unenforceable by law. However, these illegal clauses may send a rather uncomfortable message to buyers. These kinds of restrictions can turn some buyers away. Conforming to the same kind of fencing or mailbox is not a way to live for every homebuyer.

    These disclosures can restrict what vehicles you are able to park on your property. Once you agree to these legal distinctions, you can be fined or a court order can be issued. These restrictions can also stop a change you might want to make in your roof height. This information is recorded and available for homebuyers to see. These rules are enforceable and property can be returned to the original seller so be careful and read all documents.

    A clear grasp of these restrictions is essential if a buyer expects to enjoy a property purchase. Many incidents bring property owners in conflict with these agreements. Occasionally homeowners want to individualize their homes but are restricted from doing so because of this document. Some never realize this may cause them conflict over the course of a lifetime or never believe these seemingly trivial rules will be enforced.

    The best policy is to think carefully and decide to look at your home ownership with a long-range outlook. Will you buy an RV? Do you want to garden or will you try to enlarge your home or add an extra level to your home? If you answer these questions and a few more you can make a qualified decision on moving into any developed home buying situation.

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