If the agent was familiar with the HOA they might have known about it. However, you had the opportunity to read the minutes of the HOA and look at the financials, but you obviously did not or you would have found this. You are talking about $1440. Tell the agent you will split it with them.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
If you knew the HOA fees were $345 per month, how have you been damaged?
You knew the HOA fee would be $345 when you signed the purchase agreement, and that is what you will have to pay.
PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.
If you haven'tclosed yet, you have not been damaged. Depending upon the terms of the Purchase & Sale Agreement, you have the right to demand that the seller pay the special assessment or you may cancel the contract and receive a refund of your deposit.
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