Comments on: Disclosure: What the seller DOESN'T have to tell you in Georgia

By: Dan Connolly

Dan Connolly — Sat, 10 Jul 2010 17:42:37 +0000

I don’t know about this, it seems that for some people $9.00 per quarter may seem inconsequential, while for others it could seem excessive. The folks that go to Starbucks for $5.00 coffees every day might not think much about a $3.00 per month increase and honestly forget it. They may not have been deliberately hiding it, but may have been thinking only about assessments like replacing all roofs or re pouring the parking lots etc. I think the recourse happens when you can prove that they were deliberately hiding it.

Did you find out about this during your inspection period or after it was over? I always encourage the buyers to carefully review the association during the due diligence contingency so if there is anything like this they can cancel the contract if it proves unacceptable. If it’s a deal killer you might ask the seller to cover the cost of the increase for 3 years ($100), if you are still in the inspection period.

Its a good question! I don’t seem to have a clear black and white answer!

By: C Klein

C Klein — Sat, 10 Jul 2010 15:54:08 +0000

Very interesting article indeed. We are in the process to purchase a property. Seller clearly stated in his disclosure when asked “Is there any condition or claim which may result in an increase in assessments and fees?” – Seller’s answer to the question was “No”. He did have the option to say “Unknown”.

I just called up the HOA and was told that since 2007 HOA fees have been going up by about 9 dollars a quarter due to foreclosures. And that HOA expects this fee to keep going up at this or somewhat higher rate in the future due to increased number of foreclosures in the neighborhood.

My question is: Does the seller need to disclose potential HOA fee increase due to excessive doreclosures in the neighborhood?

Is 9 dollar per quarter substantial enough increase that it needs to be disclosed?

Low HOA fees were really important to us and 36 dollar a year increase is almost a 25% increase over our current HOA fee.

By: Dan Connolly

Dan Connolly — Sat, 10 Jul 2010 15:15:20 +0000

Well real estate laws are state laws so you should talk to a Florida lawyer who can advise you correctly on how to move forward. In general most states have disclosures and if there is a question on yours about any issues which may affect value and the seller said “no” you would have a case if you could prove that he knew about it and did not disclose it to you. This is best handled by an attorney who can review the actual contract.

Good luck!

By: N Punga

N Punga — Sat, 10 Jul 2010 15:06:37 +0000

Dan – a question. We are purchasing a property and few days before closing found out that there is going to be a 100 ft cell tower to be erected 900 ft away from the property such that as we exit our front door that this tower shall be right in our face. We have just moved to South Florida and wonder if we have a recourse. We still have not yet closed. Any suggestions?

By: Dan Connolly

Dan Connolly — Wed, 07 Jul 2010 01:07:41 +0000

As I understand it (not being a lawyer, this is just an OPINION) the Seller does not have to notify you about a suicide. If you ask and he does not tell you that would be a problem, but they do not have to offer the info if no one asks. It is a weird quirk in the law but I think it prevents houses from being stigmatized.

By: kabson

kabson — Wed, 07 Jul 2010 00:07:42 +0000

i still need to know little more about a suicide. i bought my house 3 years ago and i learned from my neighbor that my house was a suicide site. someone shot them self in the garage. can i go after somebody for not telling me that important info. thank you so much

By: RJ Baxter

RJ Baxter — Wed, 07 Apr 2010 11:48:00 +0000

This is scary stuff- thank you for the eye-opener! I didn’t know that these things could be kept from the buyer.

By: Dan Connolly

Dan Connolly — Mon, 01 Mar 2010 15:53:56 +0000

Thank you, I’m glad that I could help, Janet! Good luck with this and keep me posted as to how it works out.

By: Janet Scanlon

Janet Scanlon — Mon, 01 Mar 2010 13:05:06 +0000

I hope this will hold up the problem is finding a lawyer who is not affiliated with the Tilte Insurance Company. Wish me luck and great job on the article. It was very helpful, especially the discussion following it, I am sad to see that this is not only my own unique situation, but comforted in knowing I am not the only one with this problem. Thank you Dan!

By: Dan Connolly

Dan Connolly — Fri, 26 Feb 2010 23:42:52 +0000

The disclosure is a valid document here and if they lied on it you will have a case! It is not a worthless document in GA! You have to pursue it with a lawyer in court, but the disclosure has as much validity here as it does in Florida!