Kathryn Brooke’s Answers

Kathryn Brooke

Portland Real Estate Attorney.

Contributor Level 6
  1. Wasn't informed of pending litigation on house I purchased prior to its closing... what legal course of action can I take?

    Answered almost 3 years ago.

    1. Joshua Pond
    2. Kathryn Brooke
    3. Morton R Covitz
    4. Michael S. Haber
    4 lawyer answers

    The HOA had no obligation to you to disclose the possibility or the existance of litigation. The listing agent's only duty was to disclose what he/she actually knew, provided that his/her knowledge meets the definition of "material defect", but he/she had no duty to investigate. Your own agent also had no duty to investigate but the standard of care for real estate brokers at that time requried that he/she advise you to submit an addendum to the residential sales agreement requesting...

  2. How long do grandfather clauses last

    Answered almost 3 years ago.

    1. Kathryn Brooke
    2. Joshua Pond
    2 lawyer answers

    Bylaws aren't "grandfathered" the way that the use of a property is grandfathered. If the city changes the zoning laws so that a dry cleaning business in the area is no longer a lawful use, the dry cleaning business typically can remain, i.e., is grandfathered, until the property is sold, after which the new owner must comply with the changed code. Bylaws, CC&Rs and the like are more like contracts. Whether or not the new owner has to lay down carpet depends on what the bylaws actually...