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Does the buyer's Realtor need to provide the buyer with HOA minutes as part of their due diligence representing the buyer? (CA)

San Francisco, CA |

I had a Realtor represent me as a buyer in a foreclosure sale. The HOA minutes were not provided to me by my Realtor. I was under the impression that it was part of my Realtor's 'due diligence' to provide me as the buyer - with HOA minutes for the past twelve months. Is this not true? The building my condo is within is in need of major repairs and I am being specially asset to the tune of 27k. I would like to recover some of this loss from the Realtor who represented me; as I feel as though he did not do his job adequately when he did not provide minutes which would have revealed the structural damages known (for years previously) at the time when I made the purchase. He also made representation that he 'knew the building' and it 'was a good building.' Thank you.

Attorney Answers 1


I'm sorry that you're going through this. That's not necessarily true. Did you request the HOA minutes. Couldn't you have requested these from the seller? Didn't you have a right to rescind? These will all be defenses to your case.

Your statements are vague regarding what representations were made to you although that doesn't mean that you don't have a case. They could have been presented in a manner that would be a material misrepresentation. I really don't know based on the facts you presented and I haven't reviewed any of the documents or reports regarding your case. Did you have the property inspected before you bought it? As a real estate lawyer, I generally recommend that you spend the money to do it right the first time and hire a contractor to inspect the premises before you buy. Of course, that's not the situation here although you ought to know that for future reference.

Regarding your case, $27,000.00 sounds like a lot of money for major repairs. I would speak with a real estate lawyer in your area soon. There are certain statutes of limitations regarding your case and, if you do not act, you could blow the statute and jeopardize or otherwise waive your legal rights.

There are several highly skilled lawyers on Avvo, as examples. I would suggest that you hire one of them to see if you have a case.

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Hi Thank you for answering... I did not ask my Realtor for the HOA minutes. This is my first home purchase so I presumed my Realtor (who's job it is to represent buyer's in real estate transactions) would be looking out for my best interest - by providing me with necessary things; such as HOA minutes. They were not provided because the bank was the seller and according to my realtor, banks have a much lower standard to disclose. In fact, although the bank was fully aware of the structural damages - they had no duty to disclose such to me because it was a foreclosure. I signed non-dlsclosure agreements as well. I did get an inspection but the damages are things that would not be openly apparent to an inspector (i.e. leaking windows throughout other units; water intrusion from the leaking windows which is causing dry rot, termites etc.) I just feel very 'duped' by the entire ordeal because this building has been having problems for years - and had my Realtor done - what I feel as though should be typical in representing a buyer - his 'due diligence' (by providing me with something as essential [I realize this now, of course] as the HOE minutes) - then I would not be in this position today. From my understandings, after reading this, since it is not part of his 'due diligence' then there's no cause of action :*(

Hillary Johns

Hillary Johns


Just to be clear, I'm not saying that you don't have a case. What I'm saying is that you ought to hire a lawyer to review your case and give you a comprehensive professional opinion. No lawyer on Avvo, would say that you don't have a case given this comprehensive fact pattern.



Ok, thanks again.

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