Find deed restrictions online or ask title company
Q: Where can I find a copy of my deed restrictions? I didn’t know they existed until today when I was threatened with a lawsuit.
A: When you bought your property the deed restrictions were recorded, so you bought your property subject to those restrictions. Go back to the title company that closed your deal and see if they will give you a copy, or go online and see if they are on your HOA’s website. If all of that fails, go to the county clerk’s office where they are recorded and make your own copy.
Q: I’m selling my house and there has been an encroachment of my driveway onto my neighbor’s property for years. There was a boundary line agreement drafted 40 years ago, agreeing to the boundary line and acknowledging the encroachment. Is this old agreement still binding?
A: Probably. These agreements typically state that although there is an encroachment, there is no claim to title other than the existing subdivision boundary line. They are notice to the world of the agreement, so title issues shouldn’t be a problem. We suggest you have your attorney read it carefully, though.
Q: I have my house under contract to sell, and the title company has just informed me that the earnest money has never been deposited. It has been 10 days since the contract was deposited with the company. Is the deal over? Can I sell to another buyer?
A: The contract states that if the earnest money isn’t deposited, the buyer is in default, which takes you to paragraph 15. There is no easy answer to this, so declare the buyer in default if you want, and see what kind of a hornet’s nest you can uncover. There will be more decisions to make later, for sure.
Q: I am a real estate broker. I have two unlicensed assistants that do really great work for me. They respond to phone calls, give out listing infor-- mation, and do a good job keeping track of the transactions. At what point do they have to be licensed?
A: Any time their actions can be interpreted as soliciting a listing, soliciting a prospect, or any form of negotiation, they must be licensed. A recent regulatory change said that they can’t even open the door to let people in the house except under special circumstances. Unlicensed assistants have not been vetted by TREC, have given no fingerprints and haven’t reached a minimum level of competence. They can perform administrative functions and give out factual information. If they are so sharp, get them a real estate education.
If all of that fails, go to the county clerk’s office where they are recorded and make your own copy.