Needed to Vent

[CoopedChik]

My family and I have been trying to move to new farm for quite some years now since my Grandmother who gave my family her property suddenly decided to give it to her other daughter than my mother.

But other than that, we found a lovely little farm house with a small barn and amazing built on coop for our birds. We decided this was the place far out in the country with a few acres. The realtor selling the house informed us we could have our goat and our chickens and our rabbits out on the little farm, BUT we couldn't have horses unless we owned exactly 5acres or more which was fine I wasn't planning on getting a new horse just yet. So OUR realtor knew about our chickens and she said she'd double check on the chickens for us. We figured where it's at, so far out no worry. We get our closing deal on the house (which btw was $20,000 less then the seller wanted, which is awesome for us!) we get an email from our realtor saying no one may own chickens, goats or any farm animals (including rabbits) unless they own 5 acres.... We can't get out of the contract so now I just hope the next door farmer will sell us an acre of his unused field...

Honestly I know we should have doubled check on this house but this place was so far out you'd think it wouldn't matter. And honestly I was so happy for finding such a lovely Victorian home finally I didn't think about it... But don't worry I'll make sure all my babies are taken care of. I still have the lot of land here from my grandma maybe my aunt will allow me to keep the birds there until further notice... Ugh it's just a frustrating situation. But the house is very Lovely.

 

[KandiandJerry]

That is a raw deal......I wish you the best and hope you figure something out.....

 

[Mattemma]

That is a shame.I learned the hard way as well trusting relator word on property lines,and then was suprised when I did the survey. Just pays to do your homework yourself.

If I were in your situation I would offer to buy from the neighbors after I confirmed the laws that actually required the 5 acres.No rabbits unless 5 acres? Seems a bit odd for rabbits. I have less than an acre and have hens,but then the city next to use allows nothing on any size plot.

If I could not buy the required land I would pretty up the place with paint,fixtures,and outdoor flowers and flip it.Raise the price just enough to cover your expenses and consider yourself lucky if you make even $50 in profit.I am sorry your otherwise nice place is messed up like this.Put the word out to family and friends.

Next time you should put the animal requirement in the clause like another BYC member did.That way if it turns out no animals permitted you can get out of the contract.
I would probably also put up a lot of very very harsh reviews on the relator.Relator knew it was important to you,and only revealed the accurate law once you were contract bound.Doubt a lawyer could help,but it might be worth a consult.Have him look over the contract and make sure there is no way you can get out of it.

 

[chickened]

I would bring the chickens with me and be discreet about it if I were you, sometimes it is easier to beg for forgiveness than get permission. Is this because of an ordinance or a neighborhood association rule? most associations have no enforcement power.

 

[stoopid]

I would make that realtor miserable. He/she didn't do her job (lied to you) to make a sale.
Make it their job now to fix the problem.

 

[sourland]

Sadly enough not all realtors are 'good' people. My wife worked in realty sales for a while. One of the reasons she left is because she saw such things going on and was encouraged to use the same behavior. As you have learned and thanks for posting so that others may benefit - check all local ordinances before buying a home.

 

[Ridgerunner]

Yeah, check it yourself so you understand exactly what the requirements are. She was wrong once, maybe she is again. Sometimes there are legal ways to get a variance, sometimes not. And sometimes those requirements are for "farm" animals used as a business or for specific purposes. Don't jump to conclusions. Find out yourself.

Maybe you could lease an acre from your neighbor, but leave them the right to farm it or have the benefit of anything that grows on it. I don't know if a lease could be structured to meet the requirements for 5 acres or not. Just a thought if they are not willing to sell.

 

[Cetawin]

Congrats on the farm but sorry about the realtor. We are buying now too and my Offer for Contract had contingencies in it that allowed us to cancel with no penalty...one was regarding the chickens, ducks and horse. The buyer could either sign and accept that all that had to be verified or she could lose the sale but I was not about to get caught in that situation because I am not giving up my pets. Too many places on the market today I would find another place.

 

[speckledhen]

In truth, from my days as a realtor and as a property buyer, it is not the realtor's duty to make sure of that, no matter what some folks may think. Since that is public record, it is entirely up to the buyer to make sure of those things by going to the courthouse to see the written ordinances, look at deeds, etc. Some laws are written in very confusing ways, as we've seen on BYC, so even a realtor may be mislead about them. Do your due diligence to find out the rules where you are thinking of buying. I would not take on that responsibility as a realtor, period. That was the realtor's mistake- trying to find that out for you.

I will have to be in that position when someone buys my place here. It will slow down the process, but I won't allow some other person to make that mistake on my behalf. Before I make an offer, I want to see the law/ordinance myself in writing at the courthouse/city hall because I won't get rid of my chickens. Or, I will make an offer, but entirely contingent on being able to have chickens (including roosters) without restriction at the new place.


Most of the time, you can get out of a real estate contract, but you will lose your earnest money. Yes, they could sue for breach, but most won't go to the trouble and expense. It's surprising that places can be so remote, yet have such restrictions, isn't it?

 

[Chick Norris]

I think you have two options.

1. Check with the township to see what it takes to get a variance (do this without giving them your name and address). If it seems reasonable, take this route.

2. These types of restrictions are mainly for problems. If you have farms around you and no meddling neighbours, you're probably safe setting up your animals. If someone complains, you can find a new situation for your animals (which is what you're faced with now anyway).