From:
Atty. Fred Hopengarten K1VR 781/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
On Tue, 20 Jan 1998 03:23:06 -0800 Kyle Sandel <sandelkw@alaska.net>
writes:
>
>1. I recall others asking for purchase offer riders on the
>reflector. Can someone send me a copy?
K1VR: See below.
>2. Is now the time to contact volunteer counsel? My questions
>would be: (a) confirm my understanding of height or setback
>restrictions, covenants or ordinances in selected townships,
K1VR: You will save a lot of money by going to each town clerk and
purchasing (normal price: $4-20) each Town's bylaws. They change.
Recently, due to the cellular/PCS push, they've been changing a lot. Your
attorney's paralegal can obtain these bylaws (at $65/hr), or you can (at
what rate do you value your own time?). With bylaws in hand, any attorney
who does this kind of work can give you answers very quickly (minutes per
town).
(b)
>review purchase offer and draft rider
K1VR: This sounds like the easiest portion of the effort to a layman.
Actually, it is the portion of the effort for which you will likely pay
MUCH more than you think is required, but for which you will get MUCH
more than you realize.
Here's a story combining several recent cases in my life.
I don't do real estate conveyancing, but I have a friend who
does (and to whom I recommend prospective ham purchasers of property). I
did all the "antenna law" work and (as it involved three towns, including
meeting the building inspector in each to clarify his interpretations of
tough questions) charged about $2,000. It was an unusually large amount
fo work for such a matter, but the ham was moving from the West Coast and
couldn't really do any of the footwork himself. He now has a permit for
the tallest tower ever erected in that town, and we never had to go
through any hearings of any kind. Now my friend, who does the
conveyancing work, he charged $750 (but should have charged about $1,250,
as it took longer than anticipated). But the client got about $4,000
shaved off the purchasing price when the conveyancer found some problems
which the purchaser was willing to fix himself. So the client (remember,
this is a composite story) paid about $2,750 total (again a reminder,
this was unusually high), saved $4,000, got the antenna of his dreams,
and -- ta da --by working with lawyers who know their way around, we even
introduced the client to a bank which (1) would close sooner than the one
he found and was going to use, and (2) would match the very best price
(rate) he found from a bank which was giving him a hard time on one
element of his financial picture while not making a fuss about that
element. For the latter, there was no charge. All of these expenses, BTW,
were a tiny tiny percentage (<1%) of the home purchase price.
Note the picture I am painting. Using a lawyer early can save
you money, time and grief. Of course you'd expect me to say that. And
all periodontists find periodontal disease upon examination. And I've
never met an orthodontist who didn't think a kid needed orthodontia.
YMMV.
, and (c) if necessary,
>draft the variance application and represent me before the
>review board. What should I expect to pay the lawyer for these
>services?
K1VR:
First, try to avoid a variance application if at all possible.
Special permits are generally easier to obtain.Construction as a matter
of right is best.
Second, remember that no lawyer can guarantee results. You will
be best off if you do your own footwork. Move in. Meet the neighbors.
Charm 'em. Get a sense of who's gonna be trouble and who won't care. Get
letters of support or at least letters of indifference. Then apply.
Figure that each evening meeting of a planning board or board of appeals
that your lawyer attends is gonna cost you about $500 (hourly rate times
hours, and he gets travel time too).
> At first
>I was asking for fax copies of the ordinance but, after
>receiving incomplete and contradictory information, I've
>abandoned that idea until I locate a home.
K1VR: NEVER NEVER NEVER take your legal advice from someone standing
behind a counter in Town Hall. Even asking for a FAX of the appropriate
section is the equivalent of asking for legal advice, because YOU don't
know if some other section of the bylaw which the person behind the
counter didn't think about will kill your idea. Here's an example: You
ask for the section on height restrictions, or antennas. She FAX'es it to
you. You read it and it looks good. You make an offer and enclose $2,500
(or whatever is common in that market) "earnest money." THEN you start
reading the FULL bylaw and discover a 1:1 setback, or a 50' sideyard
setback (which may dampen or kill your dream system), and a requirement
for something called "site plan approval." But that refers you to another
section of the bylaw where you discover that a "site plan" requires a
professional engineer to declare that the soil is normal. Ka-ching,
another charge. Now what are you gonna do about that "earnest money"?
These are the things that lawyers worry about.
It never ceases to amaze me how much effort a ham will put into
investigating which generator to buy (a $1,250 purchase), and how little
effort he will put into really researching his home purchase (a $100-500K
investment). Curiously, above $500K I notice that hams don't sneeze
without a lawyer.
Obviously, as you are moving to Ohio, I have no financial
interest in your situation. I wish you well, and leave you with this
last thought: "YOUR" real estate agent is working for the seller.
And now, the wisdom of Jim, W9WU.
Purchasing A Home
(Existing Construction)
Addendum to offer to purchase between Buyers and
Sellers, for the purchase of property at
________________________________________________
This offer is further contingent upon inspection by buyer
and buyer's attorney of the applicable covenants, conditions,
restrictions of record, homeowner's association rules (if any),
or other documents restricting the use and occupancy of the land
and premises in order to determine whether such documents contain
any restriction which would prohibit buyer from erecting and
maintaining his amateur radio antennae and supporting structure
not less than _____ feet in height on the property. Within
fourteen (14) days of the signing of this agreement, seller or
seller's attorney shall furnish to buyer's attorney a spotted
survey showing all improvements, restrictions and easements, and
a copy of the existing title policy or other documents showing
such covenants, conditions or restrictions of record as well as
copies of any homeowner's association rules and regulations
affecting the property. Buyer and buyer's attorney shall have
fourteen (14) days thereafter to inspect the documents to
determine whether the restrictions or conditions therein are
acceptable to buyer. Should easements, covenants, conditions,
restrictions of record, homeowner association rules or
regulations exist so that buyer's installation of the
aforementioned antenna and support structure may, in buyer's sole
opinion, be inhibited or precluded, at buyer's option this
contract shall be deemed null and void, and all obligations of
both parties cancelled and all deposits refunded promptly.
____________________________ __________________________
____________________________ __________________________
Buyers Sellers
To: <towertalk@contesting.com>
Date: ______________________, 199_
(New Construction/Subdivision)
Addendum to offer to purchase between Buyers and
Sellers, for the purchase of property at
________________________________________________
A. Buyer has informed Seller that Buyer is a licensed
amateur radio operator, and Seller warrants that no covenants,
conditions, restrictions of record, homeowner association rules
or requirements presently exist or have been or will be recorded
prior to closing, which would or which may be construed to
restrict or prohibit Buyer, from and after closing and delivery
of the premises, from installing and maintaining amateur radio
antennae and support structure not less than ____ feet in height
on the property. Seller further agrees that no such covenants,
conditions or restrictions of record will be imposed by Seller or
his transferees or assigns in any plat of subdivision or Planned
Unit Development agreement affecting the property recorded
hereafter. Seller agrees to provide Buyer, with fourteen (14)
days of the signing of this agreement, and again ten (10) days
prior to closing, with copy of the recorded plat of subdivision
and all other documents showing all covenants, conditions or
restrictions of record, homeowner association rules or
regulations running with the land or affecting the property.
Should such covenants, conditions, restrictions of record,
homeowner association rules or regulations exist on either date
such that Buyer's installation of the aforementioned antennae and
support structure may be inhibited or precluded, then at Buyer's
option this contract may be deemed null and void, all obligations
of both parties cancelled and all deposits refunded promptly.
B. Seller further agrees that, to he extent Seller is the
owner of property located within 300 feet of the subject
property, Seller will provide Buyer with a statement that Seller,
as owner of adjacent properties, has no objection to the granting
of a building permit for an amateur radio antenna support
structure by the local municipality.
C. Seller also agrees that, to the extent that Seller
controls any Architectural Committee, Homeowner's Association or
similar committee from which permission is required for
construction of the Buyer's amateur radio antennae and support
structure, that Seller will grant or cause to be promptly granted
such permission upon application by Buyer.
D. The promises and covenants by the Seller contained in
Paragraphs A through C hereof shall survive the closing of this
transaction, notwithstanding the delivery of the deed by the
Seller.
____________________________ __________________________
____________________________ __________________________
Buyers Sellers
To: <towertalk@contesting.com>
Date: ______________________, 199_
Caution: This document was prepared in consideration of the laws
of the State of Illinois. Real estate law varies among the
states. You should consult an attorney prior to entering into
any real estate transaction. If you screw it up, you'll have
only yourself to blame. James C. O'Connell, W9WU
=================================================================
From: John L. Swartz [73542.3276@CompuServe.COM]
Sent: Tuesday, May 28, 1996 9:32 PM
To: Jim Altman
Subject: Real estate acquisitions - local zoning
Jim O'Connell's suggested contract clauses address the problems
of covenants, conditions and restrictions, but the Buyer must
also beware of local building and zoning regulations which may
restrict the erection of antenna support structures, formerly
known as "towers."
The prudent Buyer of either an older home or new development land
will want the option to select a new location should the local
regulation not be amenable to amateur antenna erection. The cost
of a permit, or the cost of "educating" local officials as to
what may be wrong with their ordinances, may be a sufficient
deterrent that the amateur will want to look elsewhere. The
following may be a useful starting point for contract terms. The
prudent seller will want to add limiting language, forcing the
Buyer to make a determination of acceptability within a fixed
period of time:
__. This contract is contingent upon there being no limitation
imposed by any municipal or local unit of government having
jurisdiction on the erection by Buyer upon the property of a
system of antennae and supporting structures not less than
________ feet in height suitable for use by Buyer in the Amateur
Radio Service as authorized under 47 CFR, Part 97. The
acceptability of any such limitations shall be in the sole
discretion of the Buyer. Should there be any such limitations
imposed which are unacceptable to Buyer, Buyer shall have the
option of declaring this contract void and of receiving the
immediate return of any funds deposited hereunder.
Furthermore, Jim's suggestion that the Buyer make his
intentions known to the real estate broker or agent is more than
a good one; it is essential. It would also be prudent for the
amateur to determine whether the broker is the agent of the
seller or the buyer. Different states have different rules.
There may be different consequences in the Buyer's reliance upon
advice, opinions and representations depending upon whose agent
is involved, but the bottom line is that the Buyer must beware
and must make the agent aware, in writing, of the importance of
the ability to erect a suitable system of antennae and support
structures. With all due respect to the professionals who work
in real estate sales, the amateur who is buying property should
seek professional legal advice before buying, and that means
before making a written offer.
As always, Jim's caveats and warnings apply.
_______________________________________________________
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From: JimW9WU@aol.com
To: k1vr@juno.com
Cc: ham-law@contesting.com
To: <towertalk@contesting.com>
Date: Mon, 6 Oct 1997 11:29:54 -0400 (EDT)
Subject: Re: [TowerTalk] RE Purchase contract addenda
In a message dated 97-10-06 10:41:55 EDT, John Swartz writes:
<<
__. This contract is contingent upon there being no limitation
imposed by any municipal or local unit of government having
jurisdiction on the erection by Buyer upon the property of a
system of antennae and supporting structures not less than
________ feet in height suitable for use by Buyer in the Amateur
Radio Service as authorized under 47 CFR, Part 97. The
acceptability of any such limitations shall be in the sole
discretion of the Buyer. Should there be any such limitations
imposed which are unacceptable to Buyer, Buyer shall have the
option of declaring this contract void and of receiving the
immediate return of any funds deposited hereunder.
>>
That's kind of open-ended. I would add a reasonable time restriction to
having the ham buyer determine the existance of any restricting
ordinance.
Of course, I would expect that any ham looking for a new house would have
checked out the ordinances in various communities the XYL was interested
in.
73, Jim O'Connell, W9WU
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