Hi, I'm just after some advice. We were suppose to go into the real estate to sign contracts and pay the deposit for our land yesterday and have submitted the building plans to the council already but we found out literally 30 mins before our app with the real estate that the developers of the estate have put a covenant on the land which is not a council covenant nor is it listed at the estate on the display sign.The only covenant listed is no relocatables, brick homes only. The "secret" covenant they have set is to have 60mm eves! Our house comes standard with 250mm eves. It's going to add another $5000 to our house price if we go ahead and build out there. We also found out that another couple have already built out there and their plans were passed through council without having the extended eves. This other couple is now in litigation with the developers because they knew nothing about this "covenant". What I'm wondering is how enforceable is the covenant since it's not set by the council? This is the first time "M" has come across this and they are unsure as well which is why the plans have been submitted as is. "M" is in lockup stage with another house out there atm which also does NOT have the extended eves.
Advice?