Is seller responsible for paying a assessment fee that wasn’t disclosed in contract

UPDATED: Sep 30, 2022

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Is seller responsible for paying a assessment fee that wasn’t disclosed in contract

We bought a condo and found out later that there is an assessment for 8,500
dollars for structural foundation problems in all condos.
The seller did not disclose this in contract and claims he did not know about it.
I know he did not know of final assessment but it was going on for a few years so
he had to of known it was pending. There is even documentation from inspector
that his home was inspected at the time he was living there. He keeps denying.

Are they responsible to pay?

Asked on October 28, 2016 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It doesn't matter if the fee was "pending": if had been going on for a few years but he hadn't yet himself had the assessment, which you indicate ("I know he did not know of final assessment"), then he did not have a duty to disclose a potential fee, of unknown size, that could evidently still have been held in abeyance for some time yet (if it had been going for years, it could have "gone on" for years more before finalizing). He did not have sufficient knowledge of an actual material (important) issue as to hold him liable for his failure to disclose.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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