Q: What is my recourse when the seller and title company didn't disclose deed restrictions on the property I just purchased
We purchased our home 'mid May of this year. We went through zoning to get permission for a shed. We had the shed built only to have someone knock on our door and tell us there are deed restrictions on our property. Now we may have to remove a $4600 shed (plus removal costs.) This information was not disclosed by the seller nor found by the title company prior to our purchase. Had we known about the restrictions, we would not have purchased the property. We're ready to sue!
A: Deeds, easements, and restrictions are recorded in the county real estate records to put everyone on notice of their existence. A buyer is deemed to have notice of them, even if the buyer never looks or finds out, and a seller is not under any duty to disclose information that is recorded in the county records. It is assumed that buyers will investigate the property and any restrictions to be sure it meets their needs. You can check the information reported to you by the title company. It probably contains a reference to prior recorded documents, which would include the restrictions. But if the title company missed it, then you might have a title insurance claim, if you purchased title insurance.
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