Expert: Dick Dennis - 11/14/2007

Question
Hi,
Hopefully you can offer me some additional insight. I am currently in the process of purchasing a building (commercial) for the purpose of vehicle dismantling and repair. The seller has two buildings situated next to each other, only one of them is available for purchase. The seller wishes to stipulate on the deed that no mechanical repairs can be performed in the building once purchased. My questions are: would the seller be able to stipulate something like that? How long would a stipulation be effective? What can the repercussions be for violating a deed stipulation? Thank you for your time and expert help, I look forward to hearing from you.
Fred

Answer
This matter should be presented to a REAL ESTATE attorney even though what the seller is requesting is usually part of a condition of buying/selling a business, not real estate. Any conditions in real estate should have to do with real estate, not what is conducted as a business on that real estate. Since you are "in the process of purchasing" that building, it would seem to me that you have already signed the agreement with its terms and conditions. That means I would tell the seller to go pound sand if his requirement wasn't part of the original purchase agreement. I do wish you well.

Dick Dennis        dixiedee13@aol.com