DeBoer v. Oakbrook Home Ass'n, Inc.

This appeal presents the question of whether a vendor of real estate may impose additional covenants upon land after it has been sold under a purchase contract and while the deed is held in escrow pending final payment. The district court found that the vendor, Oakbrook, Inc., could impose such covenants and rendered a judgment in favor of the appellee, Oakbrook Home Association, Inc. We believe, however, that the district court was in error, and for that reason we reverse and remand.

The evidence in this case is virtually without dispute. It appears that in September of 1976 the appellants,…