Legal Question in Real Estate Law in Illinois
When should a buyer be notified of land covenants?
Is it the agents responsibility to inform buyers of land covenants and existing violations in the neighborhood or is receiving them at closing all that is required by law? I am currently being sued for having a shed on my property,"no other structure...dated 1962",by a developer who wants to put in a road,even though more than half the property owners have them.If I was told that no sheds were allowed,I would never have built one(with permits) or bought this property.Was I responsible for figuring this out?We do not have a Homeowners Association.
2 Answers from Attorneys
Re: When should a buyer be notified of land covenants?
Covenants are filed in the chain of title to the property, and are "notice to the world". You could have examined the covenants prior to making an offer of purchase. I am curious as to where this lawsuit is pending, and who is suing you. Please advise.
Re: When should a buyer be notified of land covenants?
I don't believe your real estate agent is responsible for disclosing such issues. The covenants are part of the public record, and as such, you would have the same access as your agent. In my opinion, if your real estate agent did take it upon him or herself to explain the covenants to you, he or she would be guilty of practicing law without a license.
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