Legal Question in Real Estate Law in Florida
Deed restriction problem
My nephew bought a townhouse about a year ago & it was in a deed restricted area. He had asked if there would be a problem with parking his commercial van in his driveway & the realtor told him there wouldn't be any problem. when he became the owner they gave him a copy of the deed restrictions & one of the things in it were no commercial vehicles. Since then they are giving him problems about parking there.(They even try to tow his van away) Is there any way he can fight to keep his van there since he didn't find out the truth till after the closing.
2 Answers from Attorneys
Re: Deed restriction problem
One of the other options Mr. Joel Cohen referred to is an action against the Realtor.
Check the restrictions to see if they allow parking in a side or back yard if screened or fenced so the vehicle can't be seen from the street. Is there an enclosed garage where the vehicle will be out of sight or can one be built?
Get a car cover that covers the vehicle so it can't be seen. Try to be a good neighbor and maintain the value of the homes in the neighborhood by hiding the vehicles commercial nature in some way.
Re: Deed restriction problem
A purchaser of property has the duty to examine its title prior to the transaction. However, if the restrictions wre not recorded prior to the sale, they would be unenforcable. Otherwise, they are valid. There are other ways to resolve this. Can your nephew throw a party for his neighbors
and curry their good-will? Will he go so far as to repaint the lettering from the van so it wont appear commercial...he can apply magnetic signs on the job...there are other possibilities. JMC
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