Is the seller or the seller’s agent responsible for an issue that has come up with the property, if they didn’t disclose the issue in the final disclosures?

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Is the seller or the seller’s agent responsible for an issue that has come up with the property, if they didn’t disclose the issue in the final disclosures?

The seller and their agent were aware of a pool upgrade issue that could result in each owner 4-unit condo complex having to pay for pool repairs. This was not disclosed to me buyer and now I’m expected to pay for my portion of the pool repair. The seller is saying she committed to pay $5,000 toward the pool repair but HOA meeting notes indicate that all owners agreed to the full cost of the repair, originally estimated to be 20k 5k for each owner but costs exceeded the original estimate. Since none of this was disclosed during the final sale transaction, is the seller responsible for the full cost of the pool repair? What action can I take for failure to disclose?

Asked on November 7, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Based on what you write, she is not liable. She did not disclose the assessment on or to you because she reasonably did not think there would be one: she did not know of the cost overrun and was paying her share ($5k) of the projected amount, which would have left you paying nothing. Because reasonably thought there was no liability to cost to you, she was not obligated to disclose anything and is not liable for a failure to dislose--i.e. she believed there was no issue. She is not iable for unanticpated costs.


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