Realators didn't give us info, now we could be out thousands!!?

Question

Ok, so I asked before about my parents housing situation. My parents put down a fairly large good faith deposit while were waiting for the rest of the deposit. Anyway, it was refundable for like 20 days, and right after that we got a copy of the home owners association rules. Well the rules say no pets, and my parents have pets. If they back out now, is there any legal way to get there refund back even though the grace period is over?

Were in california

Yes they were very aware we had pets, because part of there requirments was a small yard for the dog. And when they went and looked at this particular house, the realator was the one that pointed out the area that they could pull out the bricks in the back yard and make it a grassy area for the dog.

When my mom called them after we got a copy of the home owners association rules, they got really mean with her and said that they knew some of the neighbors, and they had cats. I personally think they need to get out of this housing deal asap, but no matter how old you get, you often can't tell your parents what to do.

Answer 1

It will be very difficult for your parents to get out of the deal and get back their deposit because unless there was any contingencies that were not cleared, the contract is in full effect. If the sellers and the buyers could agree for the return of the deposit and cancell the contract would be the easiest but it is unlikely they sellers will want to do that.

By law any RE agent cannot give you legal or contractual advice so I cant really give you specifics of how to get if you can get out but I will tell you, like I said before, if there are contingencies still needed to be completed and they dont get completed then your contract could be un-enforceable.

One suggestion would be to talk to the employing broker for your agent and explain what happened.

Normally HOA's have restrictions for no pets at all OR restriction on the size of the pets and that is why the neighbors have cats.

I think your agent was not diligent in reviewing the HOA documents with your parents. Many times these documents are hard to understand and overwhelming and your agent should not have let it go like that.

My opinion (not legal advice) if your parents have small pets, and they really like the house, have them keep the pets with you and moved them a few weeks after they move in. This is simply like a band-aid solution to your big wound problem if you know what I mean.

I hope you get your problem resolved, good luck!

Answer 2

I'm not licensed in CA, but they should be able to get their money back. It's very unusual that a POA would have such a restriction unless it's part of condo/townhouse complex type of thing. Your parents will get out of it because if it goes to court the judge/jury isn't going to force them to give up their beloved family pets. To have pet restrictions on the C & R's (Covenances & Restrictions) or by the POA is a rather big deal since so many people do indeed have animals. So yeah, for the Realtor to fail to mention it, or to provide you with the C&Rs/POA rules in a timely fashion is his/her blunder. Come down to it, perhaps the sellers will be understanding and simply give the ernest money back instead of trying to fight for it. As far as the Real-Estate commission or judge is concerned, they had pets before making the offer and had every intention of taking them into the new residence. Don't worry, there are a dozen ways of your parents getting out of this commitment considering the circumstances....Have a Great Day!

Answer 3

did your parents tell the RE-agent and/or the seller that they had pets? if seller knew your parents had pet's then that might be an opening

with a large deposit I would go right away to a lawyer while the time has past if people where on notice your parents had pets and hid the condo rules from your parents until after the grace period then sounds like cause

if your parents are stuck they maybe able to get a doctor's note that the pets are crucial element to your parents health then with that note sue the condo to allow them to have the pets but that is a stretch and expensive lawyer Fee

Answer 4

Was there anything in the contract requiring the condo guidelines to be delivered by X date? If the guidelines were late and the guidelines are the reason you need to back out then you have a case. Nobody thought to ask about pets?

Answer 5

Well, as I read the standard contract, on #14a it states that the seller has 7(or how many days on your contract) to provide the buyer with all the necessary docs and info. If these rules doc. is a one of those necessary, then maybe you have a voidable contract. But, you can either negotiate with the sellers, or talk to an attorney. * dont take my word for it.

Answer 6

The addendum to the contract should say something to the effect of you have x amount of days to obtain and review all HOA docs, and if you don't find them satisfactory, you can get out of the contract and your deposit is to be refunded according to the deposit paragraph in your contract. Ask your agent for help, he/she should know how to get you out of it. (although if he/she was pointing out good spots for a dog house or whatever and you do lose your deposit, you might have a claim against your agent, who according to the law, SHOULD HAVE KNOWN)

Answer 7

why didn't your parents ASK for a copy of all the CCR's & Homeonwers' Association docs BEFORE making an offer and putting such a large deposit down?

your parents, no matter how they look at it, are also partly negligent. they should have asked if it was in a HOA & for any CC&R's.

talk to the broker in charge of the realty company your agent works for IMMEDIATELY.

Answer 8

Hold the realtor responsible for not giving you all the information. Stand your ground.

Answer 9

sorry but i don't think so....and idk if you can bring something against the realtor either