If I was mislead about my HOA fees/servicesat the time of purchase, what can I do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was mislead about my HOA fees/servicesat the time of purchase, what can I do?

In my “Condominium Resale Purchase and Sale Agreement” and during my signing of contracts with my agent’s lawyer, I was told my HOA amount and the HOA services that are included. A month living in my new condo, I was told by my Community Association, that my HOA amount is actually higher than what I was told, and some services (water and sewer) are not included in the HOA services. What can I legally do as it seems I was mislead (whether intentionally or unintentionally) about the services and fees of my new real estate?

Asked on April 26, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone knowingly or intentionally misled you about the fees, and you reasonably relied on their representation(s) as to the fees in deciding to buy, you might have a cause  of action against that person (e.g. the agent; the lawyer; etc.) and could sue them for damages (such as money to compensate for the increased fee); if the HOA itself had knowingly misled you, you may be able to get a court order forcing them to only charge you the promised amount.

However, if the mistake was innocent or inadvertant, or if it was not reasonable to rely on it (e.g. you could have easily found out the correct amount for yourself), then might not have a cause of action. And if the fees were accurate when disclosed but thereafter increased, it's very likely you would not have any claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption