Legal Question in Real Estate Law in New Jersey

real estate

I purchased my home October of 2006. Now I come to find out I am being sued for association fees dating back to 2003. I was never told by my real estate agent nor by the agent selling this home that there were yearly fees involved. There is nothing about said fees in my contract or on the deed from the title company. I feel that I have been misled. I would have never purchased this home knowing that I had to pay an association fee to a community that do even pick up my trash. My children cannot use the lake because there is a four lane major highway that they would have to cross just to get to the lake in which half the time is not even open. Do I have any rights? Please help.


Asked on 8/28/08, 5:54 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: real estate

You certainly have cause to be upset with somebody. The problem is that I can't tell from the information that you give who that should be.

If you are correct that there is not deed restriction, even in the prior deeds, then you would only have an obligation to pay association dues if there was a contract. If something was missed in the title search, your title insurer is responsible. If not and there is no contract, then the association should not be able to collect.

There is some importance to notifying your title insurance carrier of the suit. If the suit is based on the title, the company should be defending it for you.

There is more complexity to a case like this and you definitely should not be handling it without the advice of a lawyer.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/29/08, 12:05 am


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