If I was mislead about my HOA fees/servicesat the time of purchase, what can I do?

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If I was mislead about my HOA fees/servicesat the time of purchase, what can I do?

In my “Condominium Resale Purchase and Sale Agreement” and during my signing of contracts with my agent’s lawyer, I was told my HOA amount and the HOA services that are included. A month living in my new condo, I was told by my Community Association, that my HOA amount is actually higher than what I was told, and some services (water and sewer) are not included in the HOA services. What can I legally do as it seems I was mislead (whether intentionally or unintentionally) about the services and fees of my new real estate?

Asked on April 26, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If someone knowingly or intentionally misled you about the fees, and you reasonably relied on their representation(s) as to the fees in deciding to buy, you might have a cause  of action against that person (e.g. the agent; the lawyer; etc.) and could sue them for damages (such as money to compensate for the increased fee); if the HOA itself had knowingly misled you, you may be able to get a court order forcing them to only charge you the promised amount.

However, if the mistake was innocent or inadvertant, or if it was not reasonable to rely on it (e.g. you could have easily found out the correct amount for yourself), then might not have a cause of action. And if the fees were accurate when disclosed but thereafter increased, it's very likely you would not have any claim.


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