Spring Hill, TN asked in Consumer Law for Tennessee

Q: Seller is stating if you buy the lot from him, you have to use his buddy to build your house. Is that even legal?

Random person is splitting up 20 rural acres he owns into (4) 5 acre tracts and selling them. I want to buy one of the 5 acre tracts. He is adding in his contract that I will build a minimum of a 2200 square foot home and I have to use a certain builder. Everyone that lives on that road builds basically any size home they want and contracts whatever builder they choose. Is it legal to force you to use his builder friend and a minimum square footage if the city doesn’t require it?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: That should be an enforceable contract. Hopefully it will not be a recorded restriction. But enforcing it will be expensive and difficult for the seller. You may want to buy elsewhere, as you are buying a home that you know will probably have problems.

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