Nov. 10, 2008
Dear George: We purchased a home two months ago and have since found out that our homeowners association requires that some repairs be made. The previous owner was told of the issues by the HOA before we purchased the house, but he didn't disclose the information to us. We can't afford to make the repairs within the time frame required by the HOA. Also, we discovered a major problem involving the plumbing. Again, this issue was not disclosed by the seller. What can we do?
Answer: It appears that the previous owner failed to disclose material facts regarding the property's condition. Contact your justice of the peace court. Make sure you have copies of all paperwork related to your purchase, especially the Seller's Disclosure Notice and the property inspection report. However, if you had an inspection performed and any of these issues were mentioned in the report, it will probably be an uphill battle to convince the judge that you suffered damages.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
