I found out after buying our new home that sub division restriction are in place but they were not disclosed to me prior to purchase. Was I ...

Question

I found out after buying our new home that sub division restriction are in place but they were not disclosed to me prior to purchase. Was I responsible for asking that question or was the seller responsible for disclosing that info to me prior to purchase.

I have asked our city office, county recorder of deeds office, our closing company and even my banker and no one can tell me if I am legally bound to those restrictions since they were not disclosed to me by the seller, in my case the builder.

Answer

If the restrictions were recorded prior to the seller buying the house, they are effective upon you, and the seller may have had a duty to disclose this. (Realtor or broker did have a duty to disclose). If the homeowner's association recorded their Klein After the seller bought the house, they are probably still applicable to you, but seller may not have had duty to disclose.

Whether individual HOA rules are enforceable, is impossible to determine from the limited facts available here.

Good luck