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Question

Last year I filled BK and put my house into the BK. Due to the real estate market the bank has yet to take back that house. Unaware that I still had to pay the HOA dues even after BK the HOA served me with a judgment of default. At that time I contacted my BK lawyer and she referred me to her collegue that worked with a real estate agent who said he would pay off the HOA dues if I deeded the house to him to rent. We executed a legal agreement which was notorized by the referring lawyer. The real estate agent has since rented out the property but has not paid the HOA dues. I just received another Default in Stipulation notice. I contact the lawyer and he apologized the real estate agent had not paid the dues but did not offer to do anything about it. So my question is: Can I take the real estate agen to court to pay the HOA dues, can I charge him for any lawyer fees incurred? Thanks for your time. Chris

Submitted: 18 days and 4 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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State/Country relating to Question: Colorado

Posted by Adam Kirk 18 days and 4 hours ago.

Answer

;If you have a written agreement that spells this out, and the realtor is in breach of this agreement, you can sue for breach of contract. You can ask the court for specific performance, which is a request to require the breaching party to fulfill his part of the agreement - in this case, it would be to require the realtor to pay the HOA dues.

 

Also, you can seek other damages, like attorneys fees.

 

 

18 days and 4 hours ago.

Reply

Thanks for your quick reply. This will help as I move forward. My BK lawyer referred me to this real estate agent (the real estate agent runs a company teaching people how to do these transactions). Can my lawyer be held accountably for any of this?

Accepted Answer

I don't think so. The attorney is not a party to the contract and cannot control the realtor/make him honor the contract with you.

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 11/5/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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