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I live in Brevard County Fla, new construction, closing was…

Customer Question
I live in Brevard...

I live in Brevard County Fla, new construction, closing was on 9/25/17. Paid for Oct, Nov 2017 at closing. When I bought this home I was told HOA would cost 270a mo. Before closing it was increased to 280 a mo. The 2018 HOA monthly fee has increases to 320 a mo. bc HOA has decided to charge 480 a year for common property bringing. Is

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

Melbourne florida

Lawyer's Assistant: Has any paperwork been filed?

By whom

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

Do I have fecourse

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
1/3/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
Verified

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 7 months ago

I'm sorry to hear about your situation. After thinking about it, this appears to be a case of fraudulent misrepresentation on the grounds that they told you the HOA fees were going to be one amount, but in fact they were another amount and continue to go up. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled. Keep in mind that this is different than what is known as “puffing” in sales terms which generally allows salespeople to give their opinion on a product or service. For example, it’s not against the law to say, “I believe that this product is the absolute best on the market.” The only exception would be if they made misrepresentations to the safety of a product.

Since this is definitely not the case, it is highly probable you would have some recourse against the seller and their real estate agent.

What other questions did you have for me regarding this?

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Customer reply replied 7 months ago
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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok great.

Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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