Legal Question in Real Estate Law in California
Horses Vs Goats
We bought a home from a for sale by owner who told us there was a community well. The property was zoned for horses with chickens and roosters running loose in the streets. Now they have revived a home owners association with the original 1958 CC&R's which state there are to be no goats or chickens. Now the HOA wants me to get rid of the goats - board them somewhere else. I need the milk for medical reasons. Do you think that I have a case?
1 Answer from Attorneys
Re: Horses Vs Goats
Was there a community well?
Did the existence of the CC&Rs come up in your discussions with the seller? One of the problems with sales by owners is that many owner/sellers are unaware of the need to disclose facts like that. Were you represented by a broker or agent?
If the seller failed to make required disclosures (such as the CC&Rs) or misrepresented material facts (such as the existence or quality of the well), you probably have a good case against the seller. Your right to raise goats in violation of the CC&Rs (if they are valid) is not nearly such a good case.
A lawyer with real-estate experience should review all the paperwork, especially any representations or written disclosures made to you by the seller, and also the CC&Rs themselves, to see whether they are recorded and whether they are enforceable against you. It is likely you will be able to buy goat's milk at a health food store with your judgment against the seller.
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