Texas Bound with tower
JimW9WU@aol.com
JimW9WU@aol.com
Mon, 27 Jan 1997 19:10:24 -0500 (EST)
Paul: I can't help you with any info about the Richardson, TX area, but
here are two different attachments you can make to any offer to purchase
to give you some protection. Obviously, you should consult with a Texas
ARRL Volunteer Counsel or other attorney before using either.
73, JIm O'Connell, W9WU ARRL VC
This version is useful when you're dealing with the Builder/Developer of a
new subdivision. Often, the Builder controls the Homeowner's Association or
Architectural Committee until all or most of the lots are sold. Getting the
necessary approvals as a condition of your offer to purchase is key to your
success.
Comments or suggestions are welcome. Mind the caution at the end!!
(New Construction/Builder's Subdivision)
A. Buyer has informed Seller that that Buyer is a licensed amateur radio
operator, and Seller warrants that no covenants, conditions, restrictions of
record, architectural committee or homeowner association rules or regulations
presently exist 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 associated supporting structure not less than ________ feet in
height on the property. Seller further agrees that no such covenants,
conditions or restrictions of record affecting the subject property will by
imposed by Seller or his transferees or assigns in any plat of subdivision or
Planned Unit Development agreement recorded prior to closing. Seller agress
to provide Buyer, within fourteen (14) days of the signing of this agreement,
and again ten (10) days prior to closing, with a 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 purchaser'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, that to the 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 or appropriate governmental body.
c. Seller also agrees, to the extent that Seller controls any Architectural
Committee, Homeowner's Association or similar committee from which permission
is required for installation of 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 Seller.
___________________________ _____________________________
___________________________ _____________________________
Buyers Seller
Dated: _______________, 199___
CAUTION: This document was prepared in consideration of the laws of the
State of Illinois. Real estate law varies among the states, and you should
consult an attorney prior to entering into any real estate transaction. If
you screw it up youll have only yourself to blame. James C. OConnell,
W9WU, Attorney at Law
------------------------------------------------------------------------------
---------------
This version of the Addendum is primarily intended for those situations where
you
are going to buy an existing house. It deals primarily with covenants,
conditions
and restrictions of record, and is intended to protect you from that fatal
error.
My XYL (Joan O'Connell of Realty Executives) suggests that you show this to
your realtor before embarking on your search for that perfect DX or Contest
QTH
in order to make your realtor aware that you're serious about only buying
where you can erect your antenna support structure.
(Existing Construction)
Addendum to offer to purchase between ______________
____________________________________, Buyers, and
_____________________________________, Sellers, for
the purchase of the 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, 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 the buyer. Should easements, covenants, conditions,
restrictions of record, homeowner association rules or regulations exist so
that buyer’s installation of the aforementioned antennae 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, all obligations of both
parties canceled, and all buyer’s deposits refunded promptly.
_________________________ __________________________
_________________________ __________________________
BUYERS SELLERS
________________, 19____
DATE
CAUTION: This document was prepared in consideration of the laws of the
State of Illinois. Real estate law varies among the states, and 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
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