New house and a home "snake" business

I've been looking to move for awhile being as I'm in a fairly small house and my "herp" room is almost at compacity.

About a week ago I found a house, fit all my bills, had room for a very good sized herp room, walk-in incubator, as well as living space adequate for what I wanted in the rest of the house.

Saturday I went in to make a formal offer and was handed the covenants for the division. I immediately flipped to the "animals" section where it specifically said "pets shall not be maintained or bred for commercial purposes"

Needless to say I wasn't happy...especially considering EVERYONE (builder, selling realtor, buying realtor, etc) involved knew what I was going to do in the basement. The realtor got back to me on the exact meaning per the attorney and he said that not only couldn't I breed my snakes but they also weren't even considered pets. I laughed at this and said if it can be bought in a local pet store I'd say it was a pet.

They selling realtor said no one would ever know and being as they were in the house she doubted anyone would care....but needless to say I passed.

Since that time I have had the realtor look at atleast 8 other subdivisions and their covenants and restrictions and ALL of them disallow breeding for commercial sales......

I'm looking for some suggestions or ideas? A real estate attorney might be my next recourse.

Stop looking in sub divisions that have home owners associations.

By a home in an older or unincorporated neighborhood that hasn't got any restrictions.

They selling realtor said no one would ever know and being as they were in the house she doubted anyone would care....but needless to say I passed.

Yes, right. That's until you have to register with USDA as a breeder and they start to inspect you. That jeep parked in your front door is like a neon light telling your neighbors what you are doing. Wherever there are covenants you will find a similar restrictive clause.

Also any realtor who is telling you something like that is not one you want to use to represent you in a purchase that could cost you THOUSANDS of dollars if you have to go to court.

I'd dump that one and get one who has some ethics and is not just looking for a commission. Seriously.

The selling realtor was the one saying "no one would ever know". My realtor said it wasn't a good idea but apologized for not finding out the specifics of the covenants.

As this is a "hobby breeding" business for me my understanding was the USDA licensing wasn't needed?

Looks like the next listings I'm going to see are going to be either much older or much more secluded. Fun Fun.

Thanks for the feedback.

As this is a "hobby breeding" business for me my understanding was the USDA licensing wasn't needed?

"Hobby breeding business"? Those three don't go very well together. You may want to start by defining if it's going to be a hobby or a business...

I believe "hobby business" is common nomenclature for a business run based on a person's hobby and not as a sole source of one's income.

If you are asking am I attempting to make a profitable business I'd have to say yes.

Does the breeding aspect change that in some form I am unaware of?

How does this tie into the USDA? All I can find for info states that sales to individuals and not to dealers or petstores does not dictate getting a license. Is there more info somewhere I'm missing?

Any direction would be appreciate. Thanks in advance.

*appreciated

Dan, my understanding was that the USDA/APHIS doesn't get involved with reptiles, the only time they may get involved is if you are also breeding and reselling rodents?

Currently, coldblooded animals, such as snakes and alligators are exempt from coverage under the act.

http://www.aphis.usda.gov/publicatio...fs_awawact.pdf

This of course doesn't say that there are no regulations at the state or local level...that you would have to check into. I believe the term most commonly used is "hobby breeder", as opposed to "hobby business", as that really is kind of an oxymoron.

And Wes is right.....I've never understood the whole "homeowners association" junk. Find someplace where the neighbors aren't encouraged to tell you what you can and can't do....and older houses are usually more well built IMO anyway.

Dan, my understanding was that the USDA/APHIS doesn't get involved with reptiles, the only time they may get involved is if you are also breeding and reselling rodents?

Although I was thinking of raising your own rodents I also thought that if you wanted to have a reptile breeding facility for business purposes, you had to be registered as any other animal breeding facility. Is that true?

Thanks