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julian

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  1. The title search was done by a Title company, and yes, he has been notified of the restriction. He went to the county planning department and they advised him there was no restrictions, he also searched all pubic records and found no restrictions, so he is satisfied with that answer and prepared to move forward with the purchase. I am just looking for a little more confirmation so I am as satisfied as he. Since I have ethics, I am not willing to just dump the potential problem on him and see what happens..
  2. A title search has verified that there is no recorded restriction on the property. They further said they are not lawyers so they cannot offer an opinion on my question. I am seeking to avoid the cost of hiring an attorney to answer this question if it is clear that it is not necessary.
  3. We purchased vacant land 15 years ago in Maricopa County, AZ. On the sales contract (counter offer) the seller who lived adjacent to the property at the time, put the following "This property restricted to home with minimum of 2500 sq ft living area of southwestern style." which we agreed to. The seller has since moved and there is no recorded restriction on the deed or any evidence of the restriction in public record. The only place it appears is the original sales contract. I have secured a buyer who wants to put a 2000 sq ft house on the property, There is no homeowners association, it is just open land. The seller's intent was: "I don't want to look out my window and see a mobile home up there." My buyer contacted Maricopa Planning and was told there are no restrictions on the property. He's satisfied, but we do not want a future problem to creep up. Can the seller's requirement to us be enforced on our buyer? Does the restriction pass with the property? Who could enforce it?
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