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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38245
Experience:  17 years real estate, Realtor. Landlord 26 years
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In california if a seller knows the HOA has already approved

Customer Question

In california if a seller knows the HOA has already approved a special assessment that will come due after closing but checks the box that there are no known future special assessments what legal rights does the buyer have.
I am the buyer and I want the condo but I don't want to pay for a special assessment that was not disclosed when I entered the contract.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If this was a known assessment by the HOA and the seller failed to disclose it, then this is a material breach of the contract because the seller has a legal duty to disclose this. This would give you the right to sue the seller for breach of contract based on misrepresentation and fraud for the cost of the special assessment or for a reduction in the sales price to compensate you for it if the closing hasn't occurred yet.

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thanks

Barrister