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Old 07-03-2012, 08:38 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,582,493 times
Reputation: 2201

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Quote:
Originally Posted by bykim5 View Post
Isnt it misleading by the fact that the listing did not explain the situation with the second spot? That to me would be an "omission" (e&o liability)
There are lots of things not fully explained or disclosed in the listing. That's where disclosure statements from the seller, inspections, HOA doc review, and other due diligence research during the inspection phase comes into play.
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Old 07-04-2012, 12:06 AM
 
Location: SW Florida
5,589 posts, read 8,406,915 times
Reputation: 11216
Wow, that's awful. Especially if she needs the second spot on a regular basis. I am surprised, however, that she didn't ask to see where her assigned parking spots were. Some years ago, I was buying a condo at the beach (refurbished motel being sold as condos) and the parking spots were not numbered yet. I was adamant that I wanted to know where my parking spot was. As it turned out, I did get an assigned spot but the spots were soooo tight, you could barely open your door. Then my neighbor with their big-*** Expedition parked next to me and took half my spot. Ughh. Parking is a pain at condos.
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Old 07-04-2012, 07:23 AM
 
Location: Southern New Hampshire
10,048 posts, read 18,076,437 times
Reputation: 35846
Quote:
Originally Posted by Squirl View Post
technically, the condo comes with two parking spaces, one reserved and the other as available with the tag. Cars parked with no tags get towed, I am sure. So, by having a tag, she does get to park a 2nd vehicle on the property.
If you "count" the second space in the way you did (and the agent apparently did), then why stop there? If there are 3 spaces accessible to anyone with a hang tag, why don't we tell the OP that she really has 4 spots (the one that's REALLY hers alone plus the other 3)? Won't that make her feel better?

Come on, she has one spot. Someone lied.
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Old 07-04-2012, 07:47 AM
 
Location: Simmering in DFW
6,952 posts, read 22,690,784 times
Reputation: 7297
Quote:
Originally Posted by karen_in_nh_2012 View Post
If you "count" the second space in the way you did (and the agent apparently did), then why stop there? If there are 3 spaces accessible to anyone with a hang tag, why don't we tell the OP that she really has 4 spots (the one that's REALLY hers alone plus the other 3)? Won't that make her feel better?

Come on, she has one spot. Someone lied.
wouldn't she need 3 tags to be able to use all 3 available spaces at the same time The way I understand those hang tag parking situatns is the vehicle musthave the tag visible in order to be parking and not risk being towed. So in the case of the OP, one tag = authorized use of one of the unreserved spaces w/o risk of towing.... This doesn't mean 2 reserved spaces, however......
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Old 07-04-2012, 08:16 AM
 
Location: Lexington, SC
4,280 posts, read 12,670,274 times
Reputation: 3750
My BIL has the same situation. They have one reserved parking space assigned to their unit (and the spots are numbered with their unit number) plus several close by not assigned reserved spots (marked reserved, residents only). Each unit is assigned a unit numbered parking decal(s), two per unit max. Any car parked in the wrong spot is subject to towing and some of them keep an eagle eye on it. If asked, my BIL will say they have two reserved parking spots and units for sale in his building are advertised as each unit having two reserved parking spots.

Their daughter cannot get a decal (two per unit) thus she must park a bit away from the reserved spots in the "open" spots as must visitors.

PS

The spots are not deeded. Just reserved.
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Old 07-04-2012, 10:53 PM
 
Location: Southern New Hampshire
10,048 posts, read 18,076,437 times
Reputation: 35846
Quote:
Originally Posted by Squirl View Post
wouldn't she need 3 tags to be able to use all 3 available spaces at the same time The way I understand those hang tag parking situatns is the vehicle musthave the tag visible in order to be parking and not risk being towed. So in the case of the OP, one tag = authorized use of one of the unreserved spaces w/o risk of towing.... This doesn't mean 2 reserved spaces, however......
My point was that she has one guaranteed, reserved-for-her spot. One. If you count the second, wouldn't she need a second hang tag (which she can't get)? Same with the third and fourth, since she doesn't have a third and fourth hang tag either. So she has one guaranteed spot. I don't understand how anyone can say she has two "reserved" spots. (Even if she doesn't need her hang tag in her own spot -- which isn't clear -- she still has no guaranteed, reserved-for-her second spot. I would be very annoyed at this ... but it's only one reason I would never want to live in a condo.)
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Old 07-05-2012, 05:34 AM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,745,652 times
Reputation: 6950
If the condo only issued the same number of tags as they have spaces, I wouldn't have a problem with the way it was represented but, apparently, this is not the case. I think the seller and agent represented something that is not accurate and, as we all know, that is why God created lawyers.
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Old 07-05-2012, 03:17 PM
 
Location: SW Florida
5,589 posts, read 8,406,915 times
Reputation: 11216
Quote:
Originally Posted by bbronston View Post
If the condo only issued the same number of tags as they have spaces, I wouldn't have a problem with the way it was represented but, apparently, this is not the case. I think the seller and agent represented something that is not accurate and, as we all know, that is why God created lawyers.
I think the problem would be (a) the vagueness of the wording (did the listing just say "two parking spaces"?)....isn't clear that it's intentionally deceptive, and (b) the buyer had an obligation to do her due diligence before buying....looking for said two spots....didn't she? I don't know, just seems like it would be a tough case to prove. And that's really ashame, because I think it WAS intentional misrepresentation.
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Old 07-05-2012, 03:46 PM
 
2,957 posts, read 5,905,466 times
Reputation: 2286
How much is an assigned spot worth?
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Old 07-06-2012, 06:22 AM
 
Location: Lorton, VA
17 posts, read 24,634 times
Reputation: 11
Quote:
Originally Posted by Avalon08 View Post
I think the problem would be (a) the vagueness of the wording (did the listing just say "two parking spaces"?)....isn't clear that it's intentionally deceptive, and (b) the buyer had an obligation to do her due diligence before buying....looking for said two spots....didn't she? I don't know, just seems like it would be a tough case to prove. And that's really ashame, because I think it WAS intentional misrepresentation.
Well imo, it's one thing if there's just one actual spot but the seller and/or the selling agent is claiming that the 2nd spot does exist in the form of those 2 or 3 shared parking spots.

I wouldn't know how much the extra spot is worth. Also, this is in a townhome community, not a condo one (if it makes a difference).

TY
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