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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118256
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can how change the items maintenance free home after using

Customer Question

can how change the items for a maintenance free home after using that as a selling tool I was told that they would remove snow from my driveway and sidewalk. That was one of the main reason for buying the house. I am 80 years old and shoveling snow is not a great option. I bought the house 9/25/2015. I have no paper stating this other than the sales listing and the word of he HOA president after moving in. They have now stated that only house with driveways facing north will be cleared. Do I have any recourse?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When you signed the agreements to purchase, all of the maintenance free language should have been in the contract and also in the HOA bylaws and CC&R as well, so you need to examine those to see what they say. If you have the advertisement showing that the house was advertised as maintenance free, then you have cause to sue the seller for fraud and misrepresentation and seek damages to either rescind the sale or seek money damages for the costs you will incur for snow removal based on their fraudulent misrepresentation of the house as being in a maintenance free HOA. This means that you are going to likely have to take them to court, so you would need to engage a local attorney to sue the seller for the misrepresentation of the property which induced you to buy the property.