Legal Question in Real Estate Law in Colorado
HOA fees misrepresented
I recently purchased 1 unit in a 3 unit condominium
building. While looking at the property, we were told the
HOA fees were $280 a month, and all contracts and
sales documents indicate the same, but 2 weeks after
moving in the seller presented us (me and the other 2
owners) with the budget for dues, and it states that I
owe $337.50 a month based on my square footage.
We would not have considered the property if we would
have been presented with accurate numbers. Now that
I've moved in completely I want to stay, but feel that the
HOA needs compensation by the seller for the
difference in dues. Do I have legal rights to get
compensated, and if so for how long?
1 Answer from Attorneys
Re: HOA fees misrepresented
You may have a cause of action against both the seller, the listing agent and the broker if the dues were misrepresented. One thing to be sure of is that the dues were not raised at the same time that you bought the property. As this will likely involve some form of litigation to resolve, I strongly suggest that you consult legal counsel to review the documents and advise you about your potential remedies. I would be happy to discuss this with you if you want to call.
Eric Lundgren