Seller didn’t disclose that property had CCRs. I sign contract. Two weeks later, agent sends lengthy list of CCRs. I close next week. I feel wronged. What options do I have?

Hello, straight and to the point. I signed a contract for the purchase of a home in California on a private road and connected to an adjoining house via a “party wall” (shared garage wall). I knew very well that this arrangement would entail some rules, and so I requested the sellers agent to inform me about what the rules were. He said “it’s typical stuff, like sharing cost of road maintenance and that sort of thing”. The seller did not check the box on the contract stating the property had CCRs, so I assumed the rules are based on generic city/county/state rules. I sign the contract.

Two weeks later I get a “Docusign: Please Sign” document providing a lengthy list of rules governing use of the property (including specifics about road maintenance). Most of the stuff was generic good neighbor stuff–close your garage door, put your garbage cans out of sight, don’t shine lights on neighbors house, no outdoor speakers, etc. The part that most specifically leaves a bad taste in my mouth is that I find there are rules forbidding my ability to make alterations to the exterior of the house without first getting approval from some “architectural board” that was founded 38 years ago by the developer. This pisses me off because the property has trees in the front that I was planning on removing in my original assessment of the property (which I now find I may be forbade to touch), and the house has a deck and other exterior features which could use improvement/modifications which I may he restricted from doing. It really feels like a bait and switch.

I’ve been sitting on this information for about 10 days now and I haven’t made a stink about it, but it’s been getting to my nerves. It’s adding to the stress of the situation. There are additional nuanced details about this deal which also leave a bad taste, but I’m pretty confident I have little to no recourse, especially this late in the game. I close in a week.

The only material matter Id make a stink about is regarding the seller not disclosuring the CCRs. Everything else I was originally intending on accepting about the property as-is. I’m closing next week and feel like I need advice, or at least a second opinion.

To what degree is non-disclosure of the existence CCRs material? How do you put a dollar amount to that? I never priced in the rules I’d be subjected to because I didn’t know they existed. What case could I make against the seller because they didn’t tell me important information regarding rules regulating use of the property? I’m not the litigatious type, but even if I were, what would I serve to benefit from escalating? The CCRs eventually were disclosed, the issue is just that it was weeks after I had been under contract. I had lending all figured out and squared away, I gave the seller all my info so they could share with their lender for the house they would be moving to, etc.

I’ve been extremely accommodating to the seller, waiving contingencies and inspections (I know, probably a mistake), so when this popped up it just felt like the straw to break the camels back. I was waiving these things based on my evaluation of the property and the disclosures and good-faith inspection reports provided to me by the seller.

Bonus story (not related to above, just venting at this point): Add to this that I asked my lender to lock in my rate and he neglected to do so until the following day. Guess what? My rate went up about 0.1% in due to volatility in the market. I was told I could keep my originally quoted rate if I paid them $2000, otherwise I could take a higher interest rate. I went with the higher interest rate figuring the break even was like 5 years. The next day I was called by the lender and he said as a consolation he could get me my original rate, but would need to put less than 20% down, pay $1000 for an appraisal (which was originally waived) which would add a week or two to my already tight closing schedule… I didn’t see it as worth the risk (to many changes too fast) so I rejected.

Really I’m just feeling a lot of stress about the whole situation. I want the property, I just feel taken advantage of and that I probably overpaid at this point based on my subjective feelings towards having less autonomy over the home as I originally thought.

submitted by /u/alizarin__
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Hello, straight and to the point. I signed a contract for the purchase of a home in California on a private road and connected to an adjoining house via a “party wall” (shared garage wall). I knew very well that this arrangement would entail some rules, and so I requested the sellers agent to inform me about what the rules were. He said “it’s typical stuff, like sharing cost of road maintenance and that sort of thing”. The seller did not check the box on the contract stating the property had CCRs, so I assumed the rules are based on generic city/county/state rules. I sign the contract. Two weeks later I get a “Docusign: Please Sign” document providing a lengthy list of rules governing use of the property (including specifics about road maintenance). Most of the stuff was generic good neighbor stuff–close your garage door, put your garbage cans out of sight, don’t shine lights on neighbors house, no outdoor speakers, etc. The part that most specifically leaves a bad taste in my mouth is that I find there are rules forbidding my ability to make alterations to the exterior of the house without first getting approval from some “architectural board” that was founded 38 years ago by the developer. This pisses me off because the property has trees in the front that I was planning on removing in my original assessment of the property (which I now find I may be forbade to touch), and the house has a deck and other exterior features which could use improvement/modifications which I may he restricted from doing. It really feels like a bait and switch. I’ve been sitting on this information for about 10 days now and I haven’t made a stink about it, but it’s been getting to my nerves. It’s adding to the stress of the situation. There are additional nuanced details about this deal which also leave a bad taste, but I’m pretty confident I have little to no recourse, especially this late in the game. I close in a week. The only material matter Id make a stink about is regarding the seller not disclosuring the CCRs. Everything else I was originally intending on accepting about the property as-is. I’m closing next week and feel like I need advice, or at least a second opinion. To what degree is non-disclosure of the existence CCRs material? How do you put a dollar amount to that? I never priced in the rules I’d be subjected to because I didn’t know they existed. What case could I make against the seller because they didn’t tell me important information regarding rules regulating use of the property? I’m not the litigatious type, but even if I were, what would I serve to benefit from escalating? The CCRs eventually were disclosed, the issue is just that it was weeks after I had been under contract. I had lending all figured out and squared away, I gave the seller all my info so they could share with their lender for the house they would be moving to, etc. I’ve been extremely accommodating to the seller, waiving contingencies and inspections (I know, probably a mistake), so when this popped up it just felt like the straw to break the camels back. I was waiving these things based on my evaluation of the property and the disclosures and good-faith inspection reports provided to me by the seller. ​ Bonus story (not related to above, just venting at this point): Add to this that I asked my lender to lock in my rate and he neglected to do so until the following day. Guess what? My rate went up about 0.1% in due to volatility in the market. I was told I could keep my originally quoted rate if I paid them $2000, otherwise I could take a higher interest rate. I went with the higher interest rate figuring the break even was like 5 years. The next day I was called by the lender and he said as a consolation he could get me my original rate, but would need to put less than 20% down, pay $1000 for an appraisal (which was originally waived) which would add a week or two to my already tight closing schedule… I didn’t see it as worth the risk (to many changes too fast) so I rejected. ​ Really I’m just feeling a lot of stress about the whole situation. I want the property, I just feel taken advantage of and that I probably overpaid at this point based on my subjective feelings towards having less autonomy over the home as I originally thought. submitted by /u/alizarin__ [link] [comments]

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