Our new house is almost finished and the builder is now saying that they
will not honor the covenants about how much landscaping is to be done by
them on each lot - they are the only builder for this subdivision, bought
out the original builder. They are saying that they didn't do it for some
other houses and so will not do it for ours - even going to far as to say
that covenant is no longer valid because they've broken it and no one else
has done anything about it. Nothing was said to us about this supposedly
'invalid' covenant when we were handed the full covenents and restricitons
document when we were working on the purchase agreement. Does anyone know if
they can legally do this?

Ask your lawyer

win wrote:
Our new house is almost finished and the builder is now saying that they
will not honor the covenants about how much landscaping is to be done by
them on each lot - they are the only builder for this subdivision, bought
out the original builder. They are saying that they didn't do it for some
other houses and so will not do it for ours - even going to far as to say
that covenant is no longer valid because they've broken it and no one else
has done anything about it. Nothing was said to us about this supposedly
'invalid' covenant when we were handed the full covenents and restricitons
document when we were working on the purchase agreement. Does anyone know if
they can legally do this?

"win" wrote:

Our new house is almost finished and the builder is now saying that they
will not honor the covenants about how much landscaping is to be done by
them on each lot - they are the only builder for this subdivision, bought
out the original builder. They are saying that they didn't do it for some
other houses and so will not do it for ours - even going to far as to say
that covenant is no longer valid because they've broken it and no one else
has done anything about it. Nothing was said to us about this supposedly
'invalid' covenant when we were handed the full covenents and restricitons
document when we were working on the purchase agreement. Does anyone know if
they can legally do this?

Covenants apply to the owner, what does your sales agreement say? In other
words, if the neighborhood covenant says that you will landscape to a certain
level and your sales agreement does not, its your responsibility after you take
possession.

"win" wrote in message
...
Does anyone know if they can legally do this?


Sure. If you let them do this. Run it past a RE/construction lawyer.

S

mrsgator88 wrote:
"win" wrote in message
...
Does anyone know if they can legally do this?


Sure. If you let them do this. Run it past a RE/construction lawyer.

S



And here we have a good example of the value an attorney brings to a
real estate purchase. This is exactly the kind of question your
attorney could answer. Not only that, most would send a letter to the
builder telling them it's a violation of the purchase agreement,
without additional billing.