Legal Question in Real Estate Law in Iowa
A person sells a condo on contract to another person. The real estate contract was executed and recorded at the courthouse in Iowa. The person that purchased the condo fails to pay the condo ass. dues and is behind several months. Can the condo ass. go after the original owner or is the purchaser solely responsible?
1 Answer from Attorneys
It depends on who is the owner of record. In many land contracts the seller retains title until all payment has been made and they may be obligated thereby. A standard land contract or contract for deed where a condominium is involved should say who pays what. If the buyer has failed to pay the dues, it's quite possibly a breach of the land contract. Is the buyer delinquent or has he never paid the HOA fees?
Of course, if you sold property on a land contract and decided to save the lawyer's fees and roll your own, all bets are off.
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Is seller responsible after the closing for not disclosing problems Asked 11/08/09, 12:08 pm in United States Iowa Real Estate and Real Property