Legal Question in Real Estate Law in California

Possible recourses - Transaction gone bad

On June 21st, I closed on a townhouse. On June 25th, I received a letter stating that there would be an assessment of $17K, related to the replacement of the roof. In the letter, it referenced another later that was sent out on June 15th. I asked my property manager for the letter to ascertain its contents. According to the June 15th letter, the letter stated that there would be an assessment related to the replacement of the roof to be further discussed in a meeting on June 20th. No amount was listed. What can I do about this?

Also, the previous owners built a makeshift sunroom in the patio, which is a CC&R violation. The seller did not point that out in the disclosures. Even though I signed off on the CC&R and purchased the property as is, can I ask for damages related to this issue?


Asked on 8/10/06, 3:46 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Possible recourses - Transaction gone bad

It seems to me that both problems should have been disclosed to you in writing. You may have a viable legal complaint against your agent for failing to investigate and discover these things, and against the seller and the seller's agent for failing to disclose, particularly the assessment matter, which was not so readily discoverable by inspection. 94133 sounds like the outer Richmond; I used to live there (33rd and Balboa). You should take your files to an interview with a local real estate lawyer.

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Answered on 8/11/06, 10:42 pm


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