From:
Atty. Fred Hopengarten K1VR 617/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
On Sun, 5 Oct 1997 11:08:05 -0400 (EDT) Gary D Elliott (K7OX) wrote:>
>Several months ago I saw reference to an Attorney Reflector to help
>with
>items concering amateur radio mentioned on this reflector. Can
>anybody tell
>me how to sign on. I want to make sure I have a good idea on how to
>word a
>purchase agreement for property.
Purchasing A Home
(Existing Construction)
Addendum to offer to purchase between Buyers and
Sellers, for the purchase of 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 or 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 buyer. Should easements, covenants, conditions,
restrictions of record, homeowner association rules or
regulations exist so that buyer's installation of the
aforementioned antenna 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, and all obligations of
both parties cancelled and all deposits refunded promptly.
____________________________ __________________________
____________________________ __________________________
Buyers Sellers
To: <towertalk@contesting.com>
Date: ______________________, 199_
(New Construction/Subdivision)
Addendum to offer to purchase between Buyers and
Sellers, for the purchase of property at
________________________________________________
A. Buyer has informed Seller that Buyer is a licensed
amateur radio operator, and Seller warrants that no covenants,
conditions, restrictions of record, homeowner association rules
or requirements presently exist or have been 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 support structure not less than ____ feet in height
on the property. Seller further agrees that no such covenants,
conditions or restrictions of record will be imposed by Seller or
his transferees or assigns in any plat of subdivision or Planned
Unit Development agreement affecting the property recorded
hereafter. Seller agrees to provide Buyer, with fourteen (14)
days of the signing of this agreement, and again ten (10) days
prior to closing, with 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 Buyer'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, to he 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.
C. Seller also agrees that, to the extent that Seller
controls any Architectural Committee, Homeowner's Association or
similar committee from which permission is required for
construction of the 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 the
Seller.
____________________________ __________________________
____________________________ __________________________
Buyers Sellers
To: <towertalk@contesting.com>
Date: ______________________, 199_
Caution: This document was prepared in consideration of the laws
of the State of Illinois. Real estate law varies among the
states. 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
=================================================================
From: John L. Swartz [73542.3276@CompuServe.COM]
Sent: Tuesday, May 28, 1996 9:32 PM
To: Jim Altman
Subject: Real estate acquisitions - local zoning
Jim O'Connell's suggested contract clauses address the problems
of covenants, conditions and restrictions, but the Buyer must
also beware of local building and zoning regulations which may
restrict the erection of antenna support structures, formerly
known as "towers."
The prudent Buyer of either an older home or new development land
will want the option to select a new location should the local
regulation not be amenable to amateur antenna erection. The cost
of a permit, or the cost of "educating" local officials as to
what may be wrong with their ordinances, may be a sufficient
deterrent that the amateur will want to look elsewhere. The
following may be a useful starting point for contract terms. The
prudent seller will want to add limiting language, forcing the
Buyer to make a determination of acceptability within a fixed
period of time:
__. This contract is contingent upon there being no limitation
imposed by any municipal or local unit of government having
jurisdiction on the erection by Buyer upon the property of a
system of antennae and supporting structures not less than
________ feet in height suitable for use by Buyer in the Amateur
Radio Service as authorized under 47 CFR, Part 97. The
acceptability of any such limitations shall be in the sole
discretion of the Buyer. Should there be any such limitations
imposed which are unacceptable to Buyer, Buyer shall have the
option of declaring this contract void and of receiving the
immediate return of any funds deposited hereunder.
Furthermore, Jim's suggestion that the Buyer make his
intentions known to the real estate broker or agent is more than
a good one; it is essential. It would also be prudent for the
amateur to determine whether the broker is the agent of the
seller or the buyer. Different states have different rules.
There may be different consequences in the Buyer's reliance upon
advice, opinions and representations depending upon whose agent
is involved, but the bottom line is that the Buyer must beware
and must make the agent aware, in writing, of the importance of
the ability to erect a suitable system of antennae and support
structures. With all due respect to the professionals who work
in real estate sales, the amateur who is buying property should
seek professional legal advice before buying, and that means
before making a written offer.
As always, Jim's caveats and warnings apply.
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