The selling agent told me that I can put a washer/dryer in my condo. After buying the condo, I talked with the Architectural committee (basically the Board) about putting a W/D and they rejected my proposal because the ammended CC&R has a provision that prohibits changes inside the unit that will affect the liability of the HOA. During escrow, I received the outdated version of the CC&R which did not have this new provision. I was unaware of the ammended CC&R until today.
What's my recourse? All I have is word from the selling agent that I can install a W/D.
2006-11-08 15:51:59 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
It sounds like the selling agent was just unaware of the new provision, as opposed to having lied to you. Assuming it did not take more than 30-45 days to close, there really is no excuse for the HOA and/or the listing agent providing an outdated CC&R to the title company (to provide it to you) at closing. In my opinion, the ones who dropped the ball were the listing agent and the HOA, not your agent.
And as far as "this old man's" answer, not all Realtors are slimy snakes. Some of us do work for our clients and keep their best interest in mind. Just because there are a few rotten apples out there does not mean that the whole bunch is rotten, too. Some people are just slimy snakes regardless of what line of work they are in. Furthermore, his friends being slimy snakes probably has nothing to do with them being agents and everything to do with them just simply being.
2006-11-08 17:23:37 · answer #1 · answered by Cheeky Realtor 3 · 1⤊ 0⤋
This is a tough one!!
Here are a few options, some aren't pretty...
1. You can report this to the department of real estate who may revoke his/her license or suspend or just counsel him/her.
2. You can sneak a washer/dryer in you unit and hope the HOA dones't catch you.
3 It is your fault because you did not inspect the unit throughly. Any purchase of property is a SERIOUS investment and should be taken seriously. Pay for an inspector don't waive that right. Have someone who is familiar with housing (contractor, licensed handyman etc) check out the place and ask him questions regarding it.
LASTLY and Best
You might be "grandfathered" in if you had purchased during the "old" CC&R's.
An attorney could advise you with the legalities.
Unfortunately I don't think you can go after the Real Estate Agent.I hate to say this because I have personal friends who are agents, but they are slimey snakes. I could say more but it won't make u feel any better. Try to avoid fighting with the HOA and do report the Agent. Try to have convincing information. Remain cool and calm, no emotions. Be serious and firm with conviction.
Good Luck!
There comes alot with home ownership and you are just scratching the surface!
2006-11-08 16:40:53 · answer #2 · answered by ChillinForrealin 2 · 0⤊ 2⤋
Very little if the agent gave you the best info they had ... If I were you I would take the HOA to task...PLEASE, what is the risk of a washer and dryer...it is something EVERYBODY expects to have in their own place . FORCE them to DOCUMENT to you WHAT EXACTLY the additional "liability" would be for them if you had a washer and dryer. IF there is an additional insurance liability then have them DOCUMENT THE EXACT ADDITIONAL AMOUNT OF THE PREMIUM (my guess is that it will be TINY, if any) and then INSIST that they allow you to add the Washer/Dryer with YOU paying the additional premium. REMEMBER, the HOA is there to serve YOU and the other residents, NOT the other way around. If they will not work with you then I would work together with OTHER OWNERS to kick them out... they are probably making life difficult for OTHER owners too...
Good Luck!
2006-11-08 16:20:07 · answer #3 · answered by MeInUSA 5 · 1⤊ 0⤋
Go to your state's real estate commission for review. Some states are caveat emptor states. This is a principle in commerce that the buyer alone is responsible for assessing the quality of a purchase before buying. In other words buyer beware. You may have no recourse. You may also contact a real estate attorney and review your contract and options.
2006-11-08 16:01:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In Texas, you must be given the Condo Rules no older than 90 days from the effective date of the contract. Honestly, I'm not sure what would happen if they got changed during those 90 days, or even during escrow and the seller wasn't aware. Possibly, the seller is "deemed" to be aware of the current status.
A seller's disclosure does survive closing, but verbal disclosures are hard to prove.
2006-11-08 16:09:17 · answer #5 · answered by teran_realtor 7 · 0⤊ 1⤋
This is a really tough one to answer. The agent might not have known either and it could have been an honest mistake. However if they knew and signed a disclosure statement stating the fact then you can sue. You should consult your real estate attorney.
2006-11-08 16:55:34 · answer #6 · answered by tianaramal 4 · 0⤊ 0⤋
You probably don't have much recourse, but you could try notifying your state's real estate commission and see if they can help you or not.
I am a real estate agent.
2006-11-08 16:03:29 · answer #7 · answered by Saura 3 · 0⤊ 0⤋
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2016-10-21 12:36:58 · answer #8 · answered by ? 4 · 0⤊ 0⤋