Erin, TN asked in Real Estate Law for Tennessee

Q: Purchasing a tract of raw land in Tennessee, seller wants to add restrictions.

Went under contract July 24th, closing is contingent on the completion & acceptance of a survey. This morning (Sept 9th) I received a set of 10 restrictions that the seller wishes to place on the deed. My response was these were not disclosed prior to contract nor included in the contract for sale, thus they cannot now be placed on the deed. Am I correct in my assertion?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You can notify seller of breach of contract if nothing like that is in contract. But you need to read it closely. Seller could still sue for specific performance, but doubtful. You will probably lose earnest money. Ask to pay a lower price.

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