Legal Question in Real Estate Law in California

Re: Buyer,Seller,Association Nightmare

Hire a real estate attorney as soon as possible.

Re: Buyer,Seller,Association Nightmare

First, anyone who is served with 'court papers' must take the required action or face losing a lawsuit by default. Usually the appropriate action is to file and serve an 'answer' to the complaint within 30 days of the date of service, but there are exceptions.

Filing and serving an acceptable answer requires following procedural and format rules. Usually, it is necessary to have the services of an attorney, although it is legally permissible for an individual to defend himself 'in pro. per.'

This particular case suggests possible fraud, or at least actionable failure to disclose, on the part of the seller. If a real estate agent or broker were involved, that person may also be liable to the buyer.

So, the suit must be defended. However, the buyer should (in addition to filing and serving an answer to the complaint) consider the following:

(1) File and serve a cross-complaint against the seller and/or his agent/broker; and

(2) Negotiate a fair settlement of the suit, if possible, with the association. Perhaps it would settle for re-painting only.

(3) Have your attorney look into possible defenses, such as statute of limitations, waiver, and others.

Re: Buyer,Seller,Association Nightmare

Hire an attorney asap to discuss all.

Re: Buyer,Seller,Association Nightmare

Than what the first thing they can do is higher good attorney who he is a real estate lawyer as well as understanding the makeup of homeowners associations. They can't do anything by themselves because what they have already done has caused the great deal a problems. Is not what they've done its what they didn't do. More likely than not they did not get the proper permission to put the add-on rooms on their mobile home. They did not deal with the colors through the associations Board of Directors or architectural control committee. They've never read the CC and Rs, the rules and regulations under which they agreed to abide by when they bought the property that the mobile home sits on. By buying the property that they have agreed to be bound by the association. Associations are like many municipalities, small little towns, who regulate themselves and the people within the boundaries of the association. First thing the attorney will probably do is again a copy of the bylaws and CC and Rs and then determine what was done properly an improperly. Hopefully they haven't riled up the members of the Board of Directors so much that they can't negotiate with them so that hopefully everybody will be satisfied when all is said done. I've been practicing real estate law and representing homeowners associations as well as members for over 30 years in the San Francisco Bay Area. If they wish to discuss this matter what may I am at 925 -- 945 -- 6000.