Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. You do have recourse here. If the attorney that helped you was a real estate lawyer, he would be able to help you write the initial demand letter, but if you need to take this to trial because the letter doesn't work, you'll need a trial lawyer (i.e., litigator) to bring the suit because typically real estate lawyers don't do trial work. The seller and HOA
are obligated to disclose anything they know or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. This clearly qualifies as something that should have been disclosed.
What you want to do is raise the stakes on them so that they know that not complying with your demands is going to cost them far more in the end than simply giving you your refund now. You should send them a certified, return receipt requested letter addressed to both the seller and the HOA detailing the history and demanding that they pay to remediate the problem in total within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages
. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as a deceptive trade practice action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.
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