If my HOA has filed a lawsuit due to repairs it wants to my front yard, what happens if I sell the house?

Does my lawsuit go away since I would no longer be the homeowner?

Asked on August 8, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the need to make the repairs arose while you owned the home, or they paid out money for repairs while you owned the home, they can still seek the money from you even after you sell the home, because the obligation arose while you were a homeowner, the same way that if you had a plumber fix your shower, you'd still have to pay him even if you sold your home before the bill came due. The issue is when did the obligation to pay come into being.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the need to make the repairs arose while you owned the home, or they paid out money for repairs while you owned the home, they can still seek the money from you even after you sell the home, because the obligation arose while you were a homeowner, the same way that if you had a plumber fix your shower, you'd still have to pay him even if you sold your home before the bill came due. The issue is when did the obligation to pay come into being.


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