Legal Question in Real Estate Law in Arizona
Sales interference?
Our gated community is instituting policies to encourage residents to purchase golf club memberships by linking the memberships to the property. If a resident does not purchase a membership, the Club will maintain a site map identifying nonmember and member homes. They will also weekly review the MLS and send certified letters to realtors identifying listed properties as having or not having membership privelages. Can the Club take active measures to sway prospective buyers in this manner?
1 Answer from Attorneys
Re: Sales interference?
I cannot really say an answer to your question here, because there are more facts not available. I cannot see the letters that are sent. I presume there are no false statements in these letters.
One problem that exists in sales of homes in communities associated with a golf course is that some buyers may be led to believe that they have golf privileges when they do not, so this protects buyers by giving them true information, and makes the brokers responsible because it can be proven that they knew. If the buyer is not interested in golf, I do not see the harm here. The buyer is not forced by the association to purchase a golf membership.
Perhaps you could get more facts, and if you feel something illegal or in violation of your legal rights is being done you should consult with a real estate attorney.
Good luck.
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