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Contracts Ny Real Property LawAttorney_role_in_transactionsMEDIUM

A buyer's attorney in New York discovers during title review that the property has a restrictive covenant limiting use to single-family residential only. The buyer intended to operate a small business from the home. What should the attorney advise?

Correct Answer

A) Research whether the intended business use would violate the covenant and advise the client of potential legal risks

The attorney should research the specific terms of the restrictive covenant, analyze whether the client's intended business use would violate it, and advise the client of the potential legal risks and consequences of violation, including possible injunctive relief or damages.

Answer Options
A
Research whether the intended business use would violate the covenant and advise the client of potential legal risks
B
Proceed with the purchase since restrictive covenants are rarely enforced
C
Ignore the covenant since it only affects future buyers, not the current transaction
D
Negotiate with the seller to have the covenant removed before closing

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Related Topics & Key Terms

Key Terms:

restrictive_covenantsbusiness_uselegal_risktitle_review
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