Legal Question in Real Estate Law in California
Disclosure CCR's
I sold a condo within the last year. Buyer wants me to now pay for painting that was just performed on all the units in the complex. Buyer says I should have disclosed in T.D.S. that units were going to be painted and that each unit owner was responsible to pay for painting with an assessment.
I believe the CCRs and meeting minutes that were provided along with a T.D.S. to Buyer constituted full disclosure of this. Specifically, the meeting-minutes letter of the month we opened escrow.
Am I liable because I did not verbally tell Buyer about the painting, nor specifically write it on the T.D.S. Why provide the CCRs and meeting minutes if Buyer is not responsible to read them? Is seller required to specifically state any and all possible future events in the T.D.S.?
I was aware that units were to be painted sometime in the future but did not know what the cost would be. Even the Board of Directors did not yet know as they had not even received bids yet.
Buyer says it's not Buyer's responsibility to have read the CCRs and minutes and that I should have told Buyer so Buyer plans to sue me.
The T.D.S. provided refers Buyer to CCRs several times regarding issues with condos. Does Buyer have cause?
1 Answer from Attorneys
Re: Disclosure CCR's
If the meeting minutes disclosed plans for painting and disclosed that homeowners will be specially assessed, I think that is adequate disclosure. However, that being said, the buyer can still sue you and roll the dice. My bet is that the buyer is bluffing and that he will not want to waste the time over such a minor issue. The real estate purchase contract likely provides for the recovery of attorney's fees to the prevailing party. This is important if you are sued in superior court. If you're sued in small claims, the exposure is a maximum of $5k, no lawyers are allowed, and you can make your case to the judge (like Judge Judy).
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