Legal Question in Real Estate Law in Tennessee

Real Estate Sales Contract Question

I need to understand a clause in a contract that states:

''Purchaser agrees to clean and remove any trash or refuse placed on the property which amounts to an eyesore or is offensive. Purchaser shall not commit or permit any illegal, noxiuos, or offensive activity on said lands.''

I understand junk and illegal activity part; however, the part that states ''offensive activity''. Is that too vague? Couldn't a neighbor become angry and say ''x'' is offensive to them? I was told this just meant junk yard, environmental waste, illegal activities, and nudity. Is this true?

THANKS


Asked on 1/14/01, 11:07 am

1 Answer from Attorneys
Holland McKinnie T. Holland McKinnie, PC

Re: Real Estate Sales Contract Question

From your point of view, "offensive activity" does sound awfully vauge. How about suggesting replacing that phrase with "legal nuisance"? This would create a more objective standard. "Legal nuisance" is a fairly well defined situation, and would require more than a difference of opinion between you and the neighbors. While this is definitely more favorable language for you, hopefully the other party to your proposed contract will see that you are trying to accomplish the same basic objective and won't object. Let me know if you have other questions.

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Answered on 1/30/01, 2:07 pm


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