Aug. 17, 2009
Dear George: About a year ago, we bought a home in a subdivision. Our next-door neighbor has some giant bushes that run along our driveway and obstruct our view of oncoming traffic, leading to many near misses with cars and pedestrians. These bushes violate our deed restrictions. Our neighbors refuse to comply with the deed restrictions, and the board refused to enforce the restriction; they said that the bushes had been there for more than 15 years, exceeding the statute of limitations. Do we have any recourse?
Answer: These are ongoing safety violations. Each day may create a new violation, so the statute of limitations issue may be moot. It's also a common law nuisance. If the homeowners association refuses to enforce the restrictions, you can sue them; or you can sue your neighbor over the nuisance. Neither one is easy. You might also report your situation to the local law enforcement office as well as to your county commissioner, state representative, and state senator.
Dear George: I terminated sales contract on my house and now don't want to sell it. Neither I nor the buyer were represented by a real estate agent. In the contract, there is a clause where the buyer deposits $500 in earnest money and deposits another $100 within 14 days of the first deposit. The second deposit was never made, and the contract states this constitutes default by the buyer. However, the buyers still want the property and are threatening to sue me. Is the buyers' failure to deposit the earnest money failure my way of being free of these people? I will gladly refund all their earnest money.
Answer: Failure to deposit all the earnest money will constitute a default by the buyer under Paragraph 5, Earnest Money, of the One To Four Family Residential Contract (Resale). In that case, Paragraphs 15, Default, and 18C, Escrow, would apply. However, you can communicate with the title company and sign its agreement to terminate and refund all the earnest money to the defaulting buyer, if you wish.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
