If it's not incorporated into the deed, the buyer is still agreeing to it in a legally binding contract, and by breaking that contract, opens himself up to liability....Since this is a short sale, and the lender does not own it (yet), they are not in a position to inflict a deed restriction IMO, so I think point 1 is not relevant; point 2 might certainly apply - that is something contractual IMO.

Most times the probate attorney is not a real estate attorney.If the property is a super smoking deal, I would not only have the above standard phrasing in the contract, but also provide that the seller will do what ever is needed to clear the title that they so graciously screwed up.I see title that are self inflicted wounds, but seldom fatal.

With interest rates scheduled to climb to fight the self inflicted inflation, locking in a new construction at a price today, with no guaranteed set interest rate, then hoping for market inflation to provide your profit could be highly risky at this stage in the game so take caution there.

But what reduction in Realtor Points were inflicted on the industry behind the melt down? 

Also, have you ever seen the destruction that dogs can inflict on a house?

The bottom line is that this wound is almost entirely self-inflicted!

Usually, in order to successfully evict, you will have to be code compliant or prove completely (without a doubt) that any code violation was caused / inflicted by the tenant.

It will take generations to cut through the damage these religious dictators have intentionally inflicted.

Further vacancy is not the only factor, there is damage to the property that can be inflicted by tenants, leaving you with frequent and large turnover costs.  

I've been there and spent a considerable sum of money inflicting damage on a property to allow inspectors to do their job.