Home Buying in Valley Center>Question Details

K. Lewis, Home Buyer in Oceanside, CA

CCR's not disclosed

Asked by K. Lewis, Oceanside, CA Mon Jul 23, 2012

We bought a place in VC in Sept 2011. Months later a nosy neighbor dropped off a copy of the CCR's that were never disclosed to us. On the Prelim Title report, there was mention of CCR's to the effect of "cant deny sale due to race,religion, gender, etc. but the actual copy of the CCR's were not provided for us to look over and sign for. Since on the MLS description it said NO HOA fee's we figured the mention of CCR's was a formality. Since there are no HOA fees, obviously we were not prompted to further ask about CCR's since we were not provided a copy to look at. Isn't it the title co's job to disclose this or am I barking up the wrong tree? How do we go about getting them removed?

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Answers

2
Often the closing papers have words to the affect that when you sign and close the deal you basically accept everything. Sounds like you did so you would need to speak to a lawyer at this point, not us.
0 votes Thank Flag Link Mon Jul 23, 2012
Isn't that lying by omission then? What are we paying these "professionals" for if they are not legally bound to disclose all that there is on the title? I thought at least part of their job was to protect the buyer and EXPLAIN things that might not be obvious to the average Joe. Since there were no HOA's on the MLS listing the average person would not be prompted to ask if there are CCR's. We do not want to move, nor take anyone to court. Is there anyone during the whole buying process whose responsibility it is to disclose CCR's? If so, they are the ones who should be paying for a lawyer to write up a CCR dissolution, no? I am betting these companies involved in RE transactions have a legal expert on hand for situations like this. It's a gray area that should have been not only disclosed, but EXPLAINED. CCR's are a deal breaker for some of us -especially when buying on acreage!
Flag Mon Jul 23, 2012
It is the title company's responsibility to send them, and it certainly the responsibility of both agents to get them to you...You should have been given them to sign.

That said, do the CC&R's change your desire to live at the home??? That is the question here. If it really doesn't change anything, I'd probably write some angry letters and get on with my life.

If however, these documents do materially change your desire to live there then you should probably seek legal recourse...

Good luck.
0 votes Thank Flag Link Mon Jul 23, 2012
K, what were the CCR's? If u don't mind saying. I'm looking in Valley Center now, and would like to know as much about buying in this area as possible. Thanks
Flag Tue Nov 27, 2012
Hi Cindy - we would have never purchased here had we known of them. They put restrictions on a lot of the joys of living in a rural area (like having a horse and other livestock.) The thing is, there was NEVER a committee in place to enforce them. The neighbor in question is now dangling the threat of taking us to court over our "violations" of the obsolete CCR's if we don't do what he wants.
We were told by the title co "As you know the CCRs in question were shown as Exceptions to title in your Owner’s Policy of title insurance (Policy)."
I have no idea what this means. They claim they do not have a legal expert on hand to help us deal with this. We are not litigious people and are not asking for monetary compensation - we just want who ever is responsible for the "oversight" to write us up something for the neighbors to sign so we can go about turning it in to the County Recorder's Office to have them removed.
Flag Mon Jul 23, 2012
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