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Can we sue for damages if HOA management delays amendment of incorrect demand to the point the point buyer backs out? We have a ledger from management showing we are paid thru May. Escrow is supposed to prorate June. Their demand says we owe 3k+ more. If buyer backs out, we lose our future home as well. Please call or email escrow due to close Monday.
Hello,Sorry for the delay. The answer to your question is unequivocally "yes." Civil Code 1368(a)(4) requires that the association provide a true statement of all fees owed by the current owner within 10 days of the date of written request. Failure to do so subjects the association to liability for actual damages, plus attorney's fees and costs of suit, and an additional $500 civil penalty. Civil Code 1368(d).Hope this helps.
1368(d) states "any person or entity who willfully violates this section is liable to the purchaser".
What about damages to me, the seller. If the buyer walks. What If the house I was going to buy goes up in value 50k over the next year or two?