Long story short, I am from a small town in a rural area. Small town big shots sometimes make their own rules and that's the type involved here. They worked as a team in this entire thing. So here we go...A person sold a piece of land 3 years ago, reiterated in the deed "this conveyance is made subject to the restriction that no mobile or manufactured homes shall be placed upon the subject property." as the restriction had been in a previous, distant deed. It was very very important to the seller as its next to their home. The property was then chopped, sold 1 time but all deeds still carried the restriction, but by referring back to previous restrictions. All lots stayed legal but one got a manufactured home shoved on it and sold immediately, before even in place. All sales of the property involved the same realtor, the same lawyer, all within 3 years. The realtor pretends to not have known about the restriction, the lawyer is sort of playing dumb but talking about mediating as I point out they missed the restriction that they themselves originally put in. I have not yet notified the buyer who clearly has no idea of the restriction. I'd love to but I don't want to get myself into trouble. Is the realtor liable for anything here? Are they responsible for knowing the deed? They are absolutely involved more than just being the realtor but some of that seems back door. They even financed some of the deal....according to public docs. I hate the idea of getting a lawyer involved. Any other course of action? And did this realtor violate any codes? Who enforces these restrictions anyway? The county said they don't.

if it's a manufactured home on a permanent foundation then it may not be an issue

I think your threshold question is who can you look to for failing to enforce the restrictions i.e. seller, real estate agent, attorney, title agent/insurer? In my opinion, none of the above. Since they don't have any kind of relationship with you, they don't have a duty to you, and you'll be lucky to get any one of them to talk to you. As to the enforcement of the restrictions, assuming they are still valid and enforceable, as written by some of the posters above, anyone who has standing under the restrictions should be able to enforce them. As also written above, figuring out who has standing can get complicated. Based on what you've written it appears you not going to get the mobile home voluntarily removed so you'll probably have to pay an attorney to look into it and give you options.

Thoughts on this? Did this realtor violate anything?

Bill B.

Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes

2y

Tell the original seller so he can be there with a copy of the deed to prevent the placement of the mobile home? If it’s already been placed then either the original seller doesn’t care, is dead, or will take care of the complaining for you.

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Justin W.

OP

!! · Member since 2015 · 17 posts · 1 vote

2y

Quote from @Bill B.:

Tell the original seller so he can be there with a copy of the deed to prevent the placement of the mobile home? If it’s already been placed then either the original seller doesn’t care, is dead, or will take care of the complaining for you.

They are dead, the other sellers are older. I spared some details but its closer to me than just "a seller".

Standing at a driveway with a copy of the deed doesn't work lol. "we're just working here" is/was the response.

Complaining doesn't get anywhere, the county doesn't enforce(their words). That's why I asked for a course of action and if this is a reportable offense.

Thoughts on this? Did this realtor violate anything?

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