Legal Question in Real Estate Law in Arkansas

Disclosure Violation

Is a seller subject to the ''did know or should have known''of Section 1102 of the Civil Code? I bought a condomium that I was advised the night I moved in was infested by termites, the same day the escrow closed. I am now responsbile for paying for the tenting of my unit and a special assessment opposed by the Homeowners' Association Board of $2000. to pay for the wood damage caused by the termites. I was told of this the night I moved in by my next-door nieghbor, who is the President of the Homeowners Association. Since this was known by the Board the night before I moved in, there was a board meeting on July 27th, where this topic was first discussed, and I moved in on July 28th,can the seller be help responsible for ''should have known''? I feel that she did know but have no way of proving it. The seller was a Homeowners Association Board member and attended most of the meetings. But she did not attend the meeting of July 27th since she knew the condo would be transferred to me the next day. I have been informed by the President of the Association that all board members are sent a reminder by E-mail 3 days before a meeting that a meeting is going to be held and a brief summary of what is to be discussed. Can you help me?


Asked on 12/29/04, 11:26 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Disclosure Violation

You may have a claim against the Seller. We would need to review your purchase agreement as well as the CC & R's of your Association. There should have been a termite clearance prior to you closing escrow, unless the termites were within the common walls or roofs. Please call me if you have any questions.

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Answered on 12/31/04, 4:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Disclosure Violation

First, your question is marked to indicate Arkansas law applies, but your question is about a section of California's statutory law. Which is it? If the property is in Arkansas, the California Civil Code is inapplicable.

Section 1102 et seq. appear to apply to the transferor (seller) and his/her/its agent. In many cases, a next-door neighbor who is also an officer of the HOA would not be the transferor nor the transferor's agent, and hence the provisions of 1102 would not, in many cases, even apply to said neighbor/officer.

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Answered on 12/30/04, 1:39 pm


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