Chickens, Chickens, Chickens……….. A Real Estate Conundrum in Texas

Chickens, Chickens, Chickens……. Hens to be exact (roosters are not required for egg production).  These are some of people's favorite animals.  They run around our yards and lay fresh eggs daily.   They are precious beautiful birds that are fun to watch.  However, right now you may be asking yourself “what do chickens have to do with Real Estate”?  Well, let me tell ya about that!  Currently, your chickens (named TYRANOSAUROUS-PECKS, HENWIG, and KYLO-HEN) all live happily in your back yard producing fresh eggs daily. They love you so very much and you love them in return.  

You and your family decide you want to move to a larger property in a new neighborhood and take your fluffy butt hens with you.  You decide to put an offer on the property and during that time your agent did not check the HOA, POA, or CCRs for the subdivision and missed the fact that there are restrictions against farm animals on the property in the subdivision.  You suddenly realize that Tyrannosaurus-Pecks, Henwig, and Kylo-Hen cannot move with you! You are extremely sad! You walk out to their fluffy hen house, they are all staring at you with questioning loving eyes and you realize that they are more than a part of the family and have not yet reached that option of being on the dinner table.  You and your kids are so very crushed and sad.  What should have happened………..

Your realtor should have talked to you about your chickens and found out how important your fluffy butt babies were to you.  He did not.  Time goes on and you find out that it is too late to include them in the contract and you cannot get out of the contract! You want to keep your flock of fluffy butt babies with their fluffy butt henhouse. But, oh no! You are locked into the contract!  You are furious! You have to find a way out!!!  The best way out was for your agent to have put your fluffy butt family members in the contract offer in Paragraph 6 Title Policy and Survey, Item D Objections:

“D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:

Disclosed on the survey other than items 6(A) through (7)above; disclosed in the Commitment other  than items 6A(1) through (9)above; or which prohibit the following use or activity: _____________________________________________________________________________

A simple quote here would have saved you so much grief! If your agent had put the quote “chicken coupe with chickens” in the objections. You could have gotten out of the contract. You would not have had to leave your beloved hens crying because you left them with someone else that very well might eat them and not tell you.

Unfortunately, this is something true for any number of items. Let’s say you want to put a mobile home in your backyard, a tiny house, a shed for outdoor yard equipment, a Fluffy Butt Hut for your chickens, or you want to start a daycare business, or any other business, etcetera. The information put under objections is very important to include in Paragraph 6, Item D.

You should want a Realtor that knows what to do and how to protect you and things that are important to you.  Call me and let me guide you through the processes of tough contracts, inspections, option periods, contract negotiations, and all of the really super important decisions you will be required to make in purchasing a property.  Don’t undercut yourself by using a company that will not protect you.  Check out our history here at RealtyTexas.com.  It is worth it!

Suzanne Goodrich

Suzanne-goodrich@realtytexas.com

Realtytexas.com