if you buy a home and there is conveyences on the property and it was not revealed what can be done?

Question

we bought a home and was not told of the conveyences and restrictions on the property. We put a building on it and was told we could not do it. What can we do about the disclosure that was not given to us at the time of sale.

Answer 1

disclosures are usually made where damages are concerned. there are a lot of things that come with a house that you only find out about by asking. Lots of homework when buying.
Where I live, if a stream or creek runs thru your property it is your responsiblity to keep it cleaned out. We get complaints all the time about it. Lots of people just assume things when they buy. Bad bad thing to do. We usually learn this after our first home purchase. If a home is in an area with a "home owners association" it is very wise to look into their restrictions. They set down their rules and record them with the county for public viewing. A good agent will inform you of this but they don't have to by law. They might not know it themselves.

Answer 2

Where I live, the seller must disclosed that information. The state mandated disclosure form includes sections for covenants, conveyances, etc. But, you only have to disclose them if you know about them, there is no law that says the seller must research them before listing the house. If you live in an area with similar laws, unless you can show the seller knew, you might not have a case.

Also, your title company should have identified the issues when the survey was reviewed. You clearly had a less than capable title agent if they didn't identify these potential problems.

You should consult with a realestate attorney. They can tell you if you can recover from the previous seller or title company, or if you are just out of luck.

Answer 3

The short answer is that you need to contact an attorney. What rights and remedies you may have depends on the contracts that were signed, the type of deed conveyed, etc. This is not legal advice, but generally if your problem is related to zoning or community restrictions, you are out of luck. If the problem is with the deed, you may have some recourse on the title company or attorney involved in the purchase. You will most likely only have recourse to the previous owner if a specific claim was made prior to sale contrary to reality, i.e. fraud. Basically, this can be a complex legal issue and you need professional counsel.

Answer 4

the answer would depend entirly on where the property is in that the laws concerning such matters vary widely from state to state and in some areas even by county ! Check with a local realestate broker or title company