Undisclosed restriction, never told, enforced

[4Rfamily]

Our now newly owned property was on the market. We made a trip to visit and speak w both realtors ( ours and sellers) and meet up. While w the realtors, the very First question we asked was, does this property have deed restrictions? Answer . No, that's the beautiful thing about this property, the houses around you all have restrictions and this property is the only one left with no restrictions and AG (agriculture) zoned, that is Allowed, in the area, you could have all kinds of animals and they cannot, you got lucky..(as we saw with agriculture animals on site) we decided that we would move forward with an offer. We wrote an offer that day. It was accepted. Flew back to Fl. Sold our homes (2), The first house sold and second house would be closing simultaneously with home in KY. Ky stalled w closing. We closed on our second home anyways, in Fla. My realtor then calls us as we are moving everything from Fl to KY and says we suddenly found deep in the files an old deed. so . we cannot close until we get it signed off from deed owners.. We now had to find alternate housing & lodging for family of 9, with our animals and all of our belongings. We spoke w current owners and agreed to arrive to the new property w agreement to current owners to store our things in the house that we are trying to close on. It took over an entire week to place our things and family renting places all over to find that no one will sign off the deed. We were very stuck in this whole process. Now with all of our things at property, except us ppl and animals they present to us a paper for us to sign in order to close that states they will not sign deed off but will sign to give us the amount of value of homes if ever they decide to enforce the already existing violations ( that no one ever enforced prior to us) we felt pressured to sign so that we can get a home for our family. We signed. We get here and settled in and would like to go ahead w plans we had to add value and a home for my 76 yr old mother. We paid cash in full and had company come lay footers and brand new manufactured home was to be delivered, county was called and deed all of a sudden was being enforced. It's stopped the entire process of our wishes that we wanted YET were never previously enforced. This deed should be thrown out completely. We also feel that because we are a same sex couple w our family that they do not want that and will now decide who will be allowed to get by with the rules and who can't. We need advice support and guidance. On how to move forward legally. We feel that fraud is at play here and undisclosed information and property was sold on false pretenses, information and violations per deed restrictions were all previously & completely allowed/ disregarded , Thank you

[MountainDon]

Talk to a real estate lawyer. Opinions or advice expressed here are worth what you paid.

I assume you did not have a lawyer going into this.

[jsahara24]

Its hard to follow but it sounds like the owners/realtors may not have actually known about it, and then the title company found it?  Then the title company told you and then you signed it. 

I understand you were in a tough position having already sold your homes.

Only way to resolve is with an attorney I believe.  Good luck, hope it works out for you.

[rothbard]

Do you have title insurance? Did the insurance you sign include or not include the contested terms of the deed / restrictions? 

I found early in my land searching process the realtors were lying bastards.  Had to fire a few when the title insurance found restrictions they claimed didn't exist, then called off the sale.

The title discovery should come with an attachment with the encumbrances and records attached to the property.  In mine it's under "SCHEDULE B - PART II" of the commitment and there it has a long list of easements, liabilities, agreements etc which you will have to carefully separately open and read and figure out what may be bound there.  Not legal advice but if you title insurance discovered this and you still signed off my palms would be getting mighty sweaty.