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I'm a Realtor and my clients, the buyer had their

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Hello, I'm a Realtor...

Hello, I'm a Realtor and my clients, the buyer had their application for residency verbally declined by a member of the HOA. That was done over the phone on November the 20th 2017. The buyer wants to seek legal advice, since he was told it was related to his credit score, a BOD member said that in their community, a buyer seeking approval must have a minimum credit score of 650, BUT their application does not state that, and the buyer has received a commitment letter from his lender, the credit score provided by his loan officer in writing is over 700...!

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

How many does the HOA have to issue a written response to the applicant?

Lawyer's Assistant: Has any paperwork been filed?

Does the letter MUST give a reason for the denial?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is a 55+ community in Florida, Both buyers (husband and wife) are over 55, he is currently working and proving income. They filled out the application paperwork. They were given a verbal denial 8 calendar days ago. The seller is Fannie Mae, and based on the situation has granted a closing extension of 15 calendar days so the buyer can seek legal advice and appeal the denial. Fannie Mae (Seller) is aware of buyer's conditional loan approval, and wishes to still close this transaction since the buyer has being provided with a loan commitment letter from his lender.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 38 minutes by:
11/28/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. Based on what you provided, if they fail to let your client into the housing, then they would be engaging in a classic breach of contract because they are acting in a manner inconsistent with their bylaws.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared breach of contract letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

What other questions did you have for me?

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Customer reply replied 4 months ago
These were part of my original question:
How many days does the HOA have to issue a written response to the applicant, after a verbal denial was provided?
Does the letter MUST give a reason for the denial?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

ONe sec, let me review something for you real quick...

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

1. There's no law on when the HOA has to issue a written response to the applicant. IF there is a timeline, then this is likely going to be in the HOA's bylaws and the HOA will have to comply with that or be in breach of contract.

2. Similar to #1, there's nothing in the law that says there must be a reason for the denial. However, if they are denying your client and do not have any legal authority or any authority in their bylaws to deny your client, then it is still a breach of contract.

Did you have any other questions for me today that I could help you with?

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