When Pit Bulls Aren't Allowed

Buyers terminate contracts during option periods all the time, but I recently had some clients end their contract for a reason I had never heard of before. While carefully reading the HOA (Home Owner Association) deed restrictions for the property they were under contract to buy, the family discovered that pit bulls were prohibited by the HOA. This presented a problem, since their family pet is a pit bull rescue.

No Big Dogs. No Chickens. No Contract.

While I’ve heard and seen many different pet restrictions for rental properties—including breed and size restrictions for dogs—I’ve never heard of something like this being codified in a HOA deed restriction. Livestock restrictions are common, as are limits to the number of pets, but I’ve never before seen individual breeds singled out.

In this case, these potential buyers quickly exercised their option to terminate the contract and continued searching for a home that would fit their whole family, pet included. The next time I run into a real estate attorney I’m definitely going to be telling this story and asking their opinion on how legal and enforceable this type of deed restriction is, and whether it has ever been tested.

Always Read the Fine Print

This family’s experience also reinforces the importance of reading all the disclosures and HOA documents before buying a property. I know many people take it for granted that they’ll fit in with the HOA, but as this shows, there may be some important bones buried in the fine print.