Legal Question in Real Estate Law in California
We have recently purchased a townhouse. Previous owners had been renting the car parking space within a complex for additional payment. According to the real estate agent who handled the transaction representing both sellers and buyers, the said lease was transferable. In addition, HOA R&R documents do not mention that such lease is not transferable. However, after we moved in, HOA kicked us out of that parking space. Do we have a case? If yes, then (a) whom do we sue: agent (based on misrepresentation of facts) or HOA (per contra proferentem), and (b) can we ask for either specific performance (granting us the lease) or monetary damage corresponding to the fair market value of denied car parking space lease?
2 Answers from Attorneys
The answer to your question is going to depend entirely on the relevant documents and related facts that you have not provided. For example, is the HOA taking the position that the lease was not transferable or that it simply was not transferred? Do your purchase documents require the seller to transfer the lease to you or was that left out? What does the lease say about transfers? Way too many unanswered questions to deal with this in an internet Q&A format. You need to talk to a lawyer in person with all the documents present.
I would add that you refer to the arrangement as a "rental" in your opening sentence. While leases and rental arrangements normally transfer along with ownership, their terms also remain unchanged, and if indeed the arrangement was a conventional rental rather than a lease for a specific (long) term, it was probably cancelable at will by either party. You need to look at the terms of the original rental or lease agreement; they'll probably contain the answer you're looking for.
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