What to so if the sellers provided wrong info about what HOA dues include?

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What to so if the sellers provided wrong info about what HOA dues include?

My husband and I bought a house last month. When we bought it our agent told us that sewer and garbage was included in the HOA. But yesterday I received a sewer bill and when I spoke to the HOA Manager or someone else in the HOA he informed me that sewer is not included in HOA dues. When I spoke to my agent she told me that the sellers listing agent told her my agent that sewer was included and that was also mentioned in the listing for the house.

Asked on December 21, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were advised before close of escrow that the sewer and garbage were included in the monthly HOA dues by the selling agent who received the information provided you by the listing agent but that is not so, technically you do not have recognizable damages as a matter of law concerning the purchase of the unit.

Under established law throughout this country, the measure of damages when someone purchases a home is the current costs of repair of the home (if damages) or diminution in value at close of escrow (the lesser of the two). You have neither as to the home. You have an additional outlay for sewer and garbage on a monthly basis that you did not anticipate. However, that is not an established measure of damages in your situation.


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