Question Details

Bettysue2, Home Buyer in Cypress, TX

we recently purchased a home. Seller and realtor both knew we had 3 dogs and at no time was it disclosed to us that deed restrictions only allowed 2

Asked by Bettysue2, Cypress, TX Thu Nov 18, 2010

Now the homeowners association is involved and we are forced to either get rid of one of our dogs (and actually two if we count the cat, which they do) or move .. All of our pets are inside .. do we have any recourse?

and yes, we did ask about deed restrictions, which we were told we would get at closing, since we never got it before, we didnt get it at closing either.

Help the community by answering this question:


At this time, it may be in your best interest to consult with an attorney who specializes in real estate, especially if deed restrictions were not disclosed to you.
0 votes Thank Flag Link Sat Nov 20, 2010
You didn't get a copy of the HOA's rules and regulations after you ratifed? That's standard procedure here and buyers have 72 hours to go through them and walk away without penalty if they find something.
0 votes Thank Flag Link Sat Nov 20, 2010
Bettysue in my area we have in our purchase contracts that a copy of the CC&Rs be supplied by the seller to the buyer durring the inspection period. I have had inspection periods extended because the sellers and their Realtor® were not prepared for a sale by having a copy available. I had had sales fall apart because of things that are in the deed restrictions so I would never advise a client to remove that contingiency from the contract until they have had a reasonable chance to read the HOA docs.

Since the HOA docs were not supplied to you and they are a material part of the trransaction you need to speak with a real estate attorney to see what can be done.
0 votes Thank Flag Link Sat Nov 20, 2010
Bettysue2: It should have shown up in your Preliminary Title report. (If not the actual verbiage then in an instrument number). I cannot speak for the state of Texas but in California escrows cannot close unless the buyer signs off on the CC&R's, HOA documents as well as the Preliminary Title Report.

Sorry to hear of your situation but I agree with the agent below that you will need the advice of an attorney. Perhaps you could obtain a special permit for the animals. I would see if there is some kind of a loophole as I am an animal lover also.

Good Luck and let us know how it works out.
0 votes Thank Flag Link Fri Nov 19, 2010
I would think this is a material fact which should have been disclosed. You need to see an attorney.
0 votes Thank Flag Link Fri Nov 19, 2010
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