That's a very interesting question, and the answer may depend on your purchase contract and some other facts.  There are some interstate variations in the law, and I'm not a North Carolina attorney.  For reliable advice, you need to have a full review of the situation by a lawyer in your area.In many states, the failure to record the covenants before the closing could be treated as a waiver of the restrictions.  However, depending on the situation and your contract, there might be a way for the seller to correct the problem.