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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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If a seller fails to disclose a known unapproved condo

Customer Question

If a seller fails to disclose a known unapproved condo modification (installing tile flooring on a second floor unit) am I within my rights to walk away from the sale? The HOA issued a notice to remove the flooring within thirty days. The HOA representative that I spoke to after I found out about the failure to disclose told me that if I closed escrow before the violation was remedied that I would be responsible for its removable
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In order to answer your question, it would help to have some additional information:

  1. Was the tile a material part of your decision to buy the property?
  2. Did you ask the owners if the modification was approved before entering the contract?
  3. When is your closing currently scheduled (before or after the 30 days is up)?
  4. Has your inspection contingency deadline passed?
  5. Does your contract include a financing contingency?
  6. Does it include a contingency that lets you cancel after reviewing the HOA documents?