[retiredguy123]

Originally Posted by Chellybean

That would send a message to me by the seller that something is wrong. disclosure is the law and even after the sale a lawsuit can be rendered to recover damages. Lots of dishonest sellers out there!

The seller is required to disclose what he/she knows about defects and non-compliance before the sale. But, as long as the disclosure is done correctly, the seller has no more liability after the sale.

[spinner1001]

Originally Posted by Chellybean

That would send a message to me by the seller that something is wrong. disclosure is the law and even after the sale a lawsuit can be rendered to recover damages. Lots of dishonest sellers out there!

The buyer still needs to pay a lawyer’s fees and costs to get to trial with no guarantee of winning and collection. I doubt lawyers commonly take these kinds of cases on contingency.

[Chellybean]

Originally Posted by retiredguy123

The seller is required to disclose what he/she knows about defects and non-compliance before the sale. But, as long as the disclosure is done correctly, the seller has no more liability after the sale.

I strongly disagree with that and i do understand the burden of proof is on the buyer to prove the seller knew about the non compliant issues. Its all about the difference of cost of putting it back in compliance vs. lawsuit. small claims is a wonderful thing!

[Villager1234]

Thanks everyone for the info. I just want to play golf and samba. I hope I never run into any problems. Next question : out of curiosity who actually runs things here?
The town of Lady Lake, The Villages, or the CDD?

[retiredguy123]

Originally Posted by Chellybean

I strongly disagree with that and i do understand the burden of proof is on the buyer to prove the seller knew about the non compliant issues. Its all about the difference of cost of putting it back in compliance vs. lawsuit. small claims is a wonderful thing!

I don't understand what you don't agree with. If the seller knows about defects and/or non-compliance issues, they need to disclose them in the disclosure statement. As long as they do this, the buyer has no legal recourse against the seller after the sale. The buyer cannot hold the seller liable for something they didn't know about.

[Bill14564]

Originally Posted by Villager1234

Thanks everyone for the info. I just want to play golf and samba. I hope I never run into any problems. Next question : out of curiosity who actually runs things here?
The town of Lady Lake, The Villages, or the CDD?

That depends on what things you are referring to. There is an informal orientation and a longer Resident Academy that will help answer that question. You might want to look through the handouts from a recent offering of the Resident Academy that are linked from that page.

[TeresaE]

Originally Posted by Villager1234

Is there any way to find out if a house is in compliance before you buy it

The Sellers Disclosure Form has a section on Deed Compliance. So the onus is on them. However, if the seller has never lived in the house, say an heir, then they won’t know. All they have to say on the SD is don’t know never lived there. The Architecture Review Community (ARC) would know if any requests were submitted and/or granted. Of course if the former owners didn’t ask for clearance and not discovered the violation, there would not be. However, you are entitled to review the deed restrictions prior to purchase even if you are under contract. Make that a part of your “inspection period”. READ IT THOROUGHLY! Ask your agent to help you interpret it and walk the property with it in your hands.
It’s all there in black and white.
Or just buy a new build. Good luck and God speed.

[ron32162]

LOOK at your HOMEOWNERS DISCLOSURE Read it its all in there

[OrangeBlossomBaby]

Originally Posted by Villager1234

Thanks everyone for the info. I just want to play golf and samba. I hope I never run into any problems. Next question : out of curiosity who actually runs things here?
The town of Lady Lake, The Villages, or the CDD?

If you live on the "historic" side of The Villages in the city of Lady Lake, then your roads are paved/maintained by Lady Lake. Your trash pickup is provided via Lady Lake. You're not in a CDD, and instead the VCCDD handles community-specific issues on your behalf including amenities, fire services, sewer, etc, while the city of Lady Lake (and the County) handles everything else.

"The Villages" is the name of the community, it doesn't run anything. It's just the name of the place. "The Developer" is a shortened nickname for The Morse Family, who, along with their deceased patriarch Harold Schwartz, founded the community. It is also synonymous with The Villages Development Company, LLC, and the Holding Company of the Villages, Inc which are the two primary divisions of the Family's interest in the community. They no longer have any financial interest in our side of the Villages, since the roads now belong to the city, and the VCCDD oversees the running of the common areas.

[retiredguy123]

Originally Posted by TeresaE

The Sellers Disclosure Form has a section on Deed Compliance. So the onus is on them. However, if the seller has never lived in the house, say an heir, then they won’t know. All they have to say on the SD is don’t know never lived there. The Architecture Review Community (ARC) would know if any requests were submitted and/or granted. Of course if the former owners didn’t ask for clearance and not discovered the violation, there would not be. However, you are entitled to review the deed restrictions prior to purchase even if you are under contract. Make that a part of your “inspection period”. READ IT THOROUGHLY! Ask your agent to help you interpret it and walk the property with it in your hands.
It’s all there in black and white.
Or just buy a new build. Good luck and God speed.

I totally agree. Some posters have suggested that the buyer can execute an agreement that would make the seller liable for correcting non-compliance issues after the sale even if they did not know about them before the sale. As a seller, I would never sign such an agreement. Also, I don't think the sale would be legal, and I doubt that the closing company would even allow that type of contingency agreement.

[Altavia]

What would people be willing to pay to have someone (e.g. Licenced Home Inspector) research a property for ARC approvals and then inspect/verify for compliance deviations?

[Rainger99]

Originally Posted by Altavia

What would people be willing to pay to have someone (e.g. Licenced Home Inspector) research a property for ARC approvals and then inspect/verify for compliance deviations?

And what would it cost if the inspector did a search and missed a violation? They would be opening themselves up to a lawsuit where they would be liable for thousands or even tens of thousands of dollars.

[TeresaE]

Also keep in mind that there are over 78 separate neighborhoods in TV and that each one has its own set of Deed Restrictions even if they are in the same Village. Never assume ANYTHING.

[Rainger99]

Does anyone know what was the cost of the most expensive deed compliance remedy?

And what it involved?

[retiredguy123]

Originally Posted by Rainger99

And what would it cost if the inspector did a search and missed a violation? They would be opening themselves up to a lawsuit where they would be liable for thousands or even tens of thousands of dollars.

Typically, home inspectors have a clause in their inspection agreement that they are only liable for the cost of the inspection. But, some home inspectors will offer an optional additional liability protection to cover things that they may miss during the inspection up to a certain dollar limit. This optional protection will usually at least double the cost of the inspection.