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Futureproofing buyer from existing CC&R noncompliance

I realize this is more or less impossible, but currently in a situation representing a buyer on the purchase of a home that isn’t fully compliant with the neighborhood’s CC&Rs, and wondering what’s the best way to go about this. The CC&Rs are black and white, but plenty of homes don’t meet the full requirements and there’s little enforcement aside from major issues.

We asked seller for a letter from the HOA verifying compliance. The developer said they saw no “major” issues. We know there are plenty of little things that would add up if the HOA ever decided for whatever reason that all properties needed to be brought into full compliance. We followed up with listing agent asking for a list of violations and what enforcement would look like. Listing agent is afraid of opening up a can of worms. It’s unlikely that the seller would address anything before closing, but equally as unlikely that any noncompliance would be enforced or even addressed by the HOA. But five years down the road… who knows.

Any thoughts appreciated!

submitted by /u/puffywuffys
[link] [comments]

source https://www.reddit.com/r/RealEstate/comments/1t6b1kv/futureproofing_buyer_from_existing_ccr/
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