What are a purchaser’s rights to obtain a copy of the HOA’s rules prior to closing?

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What are a purchaser’s rights to obtain a copy of the HOA’s rules prior to closing?

I’m in escrow now since Feb 18th. I still haven’t received the HOA doc’s and apparently won’t for another week. I got the appraisal back last night. Looking over it, I noticed that the appraiser had amenities marked that aren’t included with our condo. For example he had a deck/patio marked which this place does not have. He has has marked that a microwave is included. There isn’t one of those either. He doesn’t have water included as part of the HOA fees. Also, he says that only 1 parking spot is included. The listing had water as part of the HOA’s and 2 parking spots. A couple of the reasons we decided to take this place was because the water was included and it had 2 parking spots. Those are a very big deal to us. I asked my realtor for a copy of the HOA’s way in advance but he said we don’t get them until later. If the until is not as represented to us, are we still obligated to take this place? What are my rights here?

Asked on March 4, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Doyou have an attorney in all of this?  Because you definitely need one now.  What does the contract state?  Does it list the "property" included as well as a rider with the other issues that were represented to you?  You need to compare the two and see.  But really it sounds as if the appraiser may be a little confused as to which unit, etc.  Example: the deck.  That is really not something that can easily be missed or added.  This also needs to be clarified.  And if the property was sold with these representations then there was misrepresentation by the agent - who is the agent of the owner - and you could possibly get out of the contract.  But again, you need an attorney.


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