[shaw8700@outlook.com]

Originally Posted by nn0wheremann

Read the deed restrictions for the subject property. Use a reliable tape measure. Check with Community Standards and Architectural Review to see if any alterations were allowed. File a complaint about any slightest thing that may be suspect.

As part of your contract to buy demand assurance backed by a bond that the property is in compliance.

One would think that Title Insurance policy would indemnify the purchaser against defects caused by non-compliant additions or alterations, but that seems not to be the case.

Title insurance indemnifies the lender not the buyer.

[TeresaE]

Originally Posted by retiredguy123

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

Setbacks and easements will be disclosed on the Survey. Not part of the home inspection process.

[retiredguy123]

Originally Posted by shaw8700@outlook.com

Title insurance indemnifies the lender not the buyer.

Not true. I purchased my own title insurance policy. There was no lender.

[Pres1939]

Originally Posted by villagetinker

I agree and like your idea. I am hoping a real-estate lawyer will comment on this approach, this is really a concern in the Villas where many have removed grass and installed stone. I also imagine there would need to be a time limitation on the agreement. There was a recent article about a house purchased in 2017 that was just recently reported for being out of compliance from work done before the purchase.....

I don’t think many sellers are likely to agree to such a provision, particularly if they bought the home as a resale. My home had 3 owners before me. I have no idea whether or not any of the previous owners made some modifications that were not compliant. A seller who bought his home new might go for such a provision, but I think they are likely the only ones.

[retiredguy123]

Originally Posted by Pres1939

I don’t think many sellers are likely to agree to such a provision, particularly if they bought the home as a resale. My home had 3 owners before me. I have no idea whether or not any of the previous owners made some modifications that were not compliant. A seller who bought his home new might go for such a provision, but I think they are likely the only ones.

I wouldn't agree to it for any sale. The reason to sell a house is to end all future liabilities, especially unknown ones. Also, I don't think it would be a valid sale and the closing company would reject the agreement.

[BrianL99]

Originally Posted by shaw8700@outlook.com

Title insurance indemnifies the lender not the buyer.

That's untrue.

Title Insurance protects the Insured, whoever that may be. Typically, a lender and a buyer.

In some states and in some circumstances, Title Insurance would insure against Deed Violations.

[retiredguy123]

Originally Posted by BrianL99

That's untrue.

Title Insurance protects the Insured, whoever that may be. Typically, a lender and a buyer.

In some states and in some circumstances, Title Insurance would insure against Deed Violations.

As a buyer, you need to purchase an owner's title insurance policy, if you want to insure a clear title. Otherwise, the title insurance will only protect the lender. My policy on a new house cost about $1,100. It was an optional charge as part of the sale.

There are other threads about this topic. Some people think title insuance is not needed for a new house, but it does guarantee a clear title forever.

[jj121232163]

We should use Lawyers not Title company and Real estate salespeople to close a big investment.The lawyer will protect you, the cost is $1000 small price to pay.

[Babubhat]

The point being missed is this needs resolution Before the sale closes. I don’t understand why anyone would want to buy a potential liability. Unnecessary financial risk. It’s not a seller’s market anymore

[Dlbonivich]

Most deed restrictions can be changed by the homeowners they affect. You need to ask your district board members that are elected to move forward with any changes the members want to make. It is a process and paperwork.

[BrianL99]

Originally Posted by Altavia

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Perhaps because TV doesn't have an HOA?

& because Deed Restrictions and Covenants are not "contracts" ?

Originally Posted by Dlbonivich

Most deed restrictions can be changed by the homeowners they affect. ... It is a process and paperwork.

Where do people come up with this stuff? Only the beneficiaries of deed restrictions, encumbrances or covenants can change them.
The owners of the encumbered property can't change them, no matter how much "process and paperwork" they go through.

[BrianL99]

Originally Posted by jj121232163

We should use Lawyers not Title company and Real estate salespeople to close a big investment.The lawyer will protect you, the cost is $1000 small price to pay.

You're 100% right.

That said, the real estate sales process used in Florida, particularly in TV, makes it difficult to bring a lawyer into the transaction, when they should be brought in. Florida doesn't use a 2 step process (Offer, then P&S) for most residential real estate sales, as other states do.

In case you haven't noticed, the Real Estate Lobby is very strong in FL and they've worked their charm on the market, to eliminate Lawyers from residential real estate transactions.

[Bill14564]

Originally Posted by Dlbonivich

Most deed restrictions can be changed by the homeowners they affect. You need to ask your district board members that are elected to move forward with any changes the members want to make. It is a process and paperwork.

The CDD has no power to change the deed restrictions, all they do is endorse external restrictions when brought to their attention. The Developer can change the restrictions and has done that very few times.

[cindyandrich]

Originally Posted by Villager1234

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

I believe the home inspectors should have knowledge of this.

[asianthree]

Originally Posted by cindyandrich

I believe the home inspectors should have knowledge of this.

Missing the point inspection is about structural integrity of the home, inside and out, plumbing hvac electrical. Sprinklers.