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Old 08-09-2011, 12:04 PM
 
13 posts, read 24,107 times
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We bought a house a few months ago wo realizing that the hoa was getting sued that same month.. they all knew since they had warning months before to solve the problem w the wells or they were going to get sued. Our realtors knew this and didn't disclose it. We bought the house and found out on our first hoa meeting how bad the problem was. We went back to our realtor and she acted in disbelief and denied knowing. The former sellers signed a contract making themselves responsible for all fees due to the lawsuit and have been paying all this months. My question is can I sue the realtors? I'm confused and don't know what to do I'm stuck w a house I cant sell if I have to.. i feel like they stole my freedom and sold me a headache.. if my husband loses his job we will be in big trouble bc we will be stuck in this house wo being able to sell. So many things can go wrong... Anyone please help w advice...
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Old 08-09-2011, 12:28 PM
 
Location: Lakewood Ranch, FL
5,663 posts, read 10,734,978 times
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I'm not a lawyer and this is a legal question but I would imagine that an attorney would tell you that you first have to establish a value to your damages and then go after the seller since you can easily prove that they had knowledge of the problem. After that, I would guess that proving the realtor's knowledge of the problem might be a bit more difficult but, if it's something that can be done, I'd expect that you could go after them, too. You can always sue them claiming that they should've known but I think that's not as easy as it sounds. It will be interesting if anyone answers with direct knowledge.
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Old 08-09-2011, 12:34 PM
 
4,918 posts, read 22,673,640 times
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First question, How do you know the real estate agent knew about the HOA problem?
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Old 08-09-2011, 12:37 PM
 
Location: Austin
7,244 posts, read 21,799,366 times
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If the sellers signed something that said they would cover all the fees of the lawsuit, how can you say you weren't made aware of the situation?
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Old 08-09-2011, 12:41 PM
 
13 posts, read 24,107 times
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The neighbor called all big realtor companies to let them know of the problem, he is the one who sued. When we moved here he was surprise we bought the house and said he talked to the owner of the realty co. until later we realized why they moved our closing date 2 weeks before the lawsuit got in and never had a realtor sign outside the house.
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Old 08-09-2011, 12:44 PM
 
13 posts, read 24,107 times
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The former sellers signed the contrac couple of weeks after we closed on the house... What were we supposed to do than ? They had already bought a house n no one can get a loan for a house w a lawsuit pending.
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Old 08-09-2011, 12:49 PM
 
Location: Woodbridge
265 posts, read 952,322 times
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Didn't you receive HOA docs prior to going to settlement? The HOA documents mention the financial status of the HOA and ongoing legal action.
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Old 08-09-2011, 12:51 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,553 posts, read 81,067,970 times
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When in doubt, the best action when something involving a lawsuit may affect you in any way is to lawyer up. Get your own laywer immediately. Most will give a 1/2 hour free consultation to see whether or not you would benefit from their services. Only a few federal disclosure laws exist, such as for lead-based paint. The rest are state laws so you need a lawyer familiar with the laws in your state.
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Old 08-09-2011, 12:55 PM
 
13 posts, read 24,107 times
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Thank u .. even though we are very happy w the house the idea of not being able to sell worries me
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Old 08-09-2011, 12:58 PM
 
Location: SW Missouri
15,852 posts, read 35,120,143 times
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Quote:
Originally Posted by sweetroll View Post
We bought a house a few months ago wo realizing that the hoa was getting sued that same month.. they all knew since they had warning months before to solve the problem w the wells or they were going to get sued. Our realtors knew this and didn't disclose it. We bought the house and found out on our first hoa meeting how bad the problem was. We went back to our realtor and she acted in disbelief and denied knowing. The former sellers signed a contract making themselves responsible for all fees due to the lawsuit and have been paying all this months. My question is can I sue the realtors? I'm confused and don't know what to do I'm stuck w a house I cant sell if I have to.. i feel like they stole my freedom and sold me a headache.. if my husband loses his job we will be in big trouble bc we will be stuck in this house wo being able to sell. So many things can go wrong... Anyone please help w advice...
When you say "problem with the wells", what are you referring to? The quality of the water or paying the electric bill, or assessments, or what?

Anyone can sue anyone. It doesn't mean anything. Until there is a JUDGMENT, there is nothing to tell you about. Until there is a RULING by the judge, the suit can be thrown out of court and it basically, never existed. There are tons of frivolous law suits filed in courts every single day that amount to nothing.

You need to determine what the problem is with the well because that could impact your ability to sell the house. If there was a problem, then the SELLER had the responsibility to disclose this information. If he did not disclose it to the realtor then he did not know about it.

We don't have enough information to make an intelligent comment on your post.

20yrsinBranson
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