Legal Question in Real Estate Law in Virginia
Builder approval status in deed restrictions
Deed restrictions in a community
require the builder to be approved by
the developer in order to build homes
on the community lots. The deed
says that a builder is approved if lots
are purchased from the developer.
Our lots were purchased from a bank
due to the previous owner foreclosing
on their lots.
The requirements, summarize, that a
builder must conform to design
codes, must have a history of quality
work, history of customer
satisfaction, and are subject to
builders financial history.
The design guidelines are outlined
and recorded, but the other three
requirements are not and there are
no recorded guidelines in which they
base a determination of what quality
work is, proof of customer
satisfaction, and what is the required
financial history.
Can the developer legally block a land
owner from building on builder owned
lots if they meet the design codes
that are proffered to the county?
There is too much ''gray'' in the
guidelines and now that we are
requesting builder approval status,
the developer is scrambling to provide
us with their guidelines. Would these
other guidelines have to be
established prior to our request to be
legal?
1 Answer from Attorneys
Re: Builder approval status in deed restrictions
Your question seems premature(in my opinion). Why not wait to see what the developer promulgates as supposedly its guidelines on these other three issues and how these may (or not)accord with those of the builder which you've selected before deciding whether or not to contest them?
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