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Quote of the Day - Fools and obstinate (wo)men make lawyers rich. - Proverb
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Leaky Condo Roof Turns Seller's Failure To Disclose Into Costly Exercise

You buy a condo with a leaky roof, and the seller did not disclose the leaks.  To top it off, shortly after you buy this pig-in-a-poke, the homeowner's association levies a $15,000 assessment against you to repair the leaky roof.  You're not happy.

To top it off, you discover shortly after you move in that the seller was the president of the homeowner's association.  Now, you're really not happy.  Not surprisingly, you ask the seller to pay the assessment.

Seller refuses, and instead sues you and the homeowner's association. 

Huh? 

Exactly what the Court of Appeals (and the trial court) thought.  Technically speaking, both courts agreed with the homeowner's association that the seller didn't have standing to sue the HOA because seller was no longer an owner. 

HOA walks away from this case with a sizable award (over $25,000) of attorneys fees and costs for the trial and the appeal.  The buyer won a defense verdict, and the attorneys fees and costs (presently calculated at over $200,000) is still progressing, but it's not going to take a crystal ball to figure out how it will turn out.  MIPTC predicts the seller will have to pay those fees and costs.  The best defense turned out not to be a good offense. 

Oh, and by the way, the buyer offered in the beginning to settle the whole darn mess - prior to litigation - for $7,000.00. 

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, August 01, 2006 at 18:26 Comments Closed (1) |
 
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