Legal Question in Real Estate Law in California

I purchased a house in 2002 in California.

My seller did not disclose at transfer disclosure statement that the house has been part of the homeowner's association five years ago. Untill now i was informed by the HOA manager to pay the past dues. They filed a small claim in the court. So due to the misstatement on the transfer disclosure statement, can i file a lawsuit against the seller? Will the statute of limitations for non-disclosure apply to this case?


Asked on 4/24/12, 8:55 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The fact that a parcel of real property would be subject to Codes Covenants and Restrictions and in a Homeowner's Association would be a matter of record at the County Recorder's Office, so you would have been on constructive notice, regardless of whether you went and checked with the recorder's office.

The fact that a home would be subject to a HOA would not be something in the Transfer Disclosure Statement anyway. Not only is your claim barred by the statute of limitations, it is completely frivolous.

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Answered on 4/25/12, 7:52 pm


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