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Buying or Selling a Home/Water leak in closet ceiling


I am purchasing a condo, the homeowners association is responsible for fixing roof leaks. Upon inspection by me, we saw a stain in the closet ceiling from a water leak. We asked the owner about it and they never noticed it, so they fixed the ceiling. The realtor told me to ask the property management company if a leak had ever been reported, they said no. I signed a contract and it is "as is" in Florida, after the inspection period has ended. So now they tell me they are not responsible for damage from the leak. we are set to close on Dec 5th. Wasn't the homeowner required to notify the HOA to come and repair the leak, since they are responsible to fix it?

ANSWER: Thanks for email, good question.
You mentioned "they" are not responsible for damage. Who is they? HOA or Seller.

Here are my thoughts.

Condos are a little different type of ownership, then townhomes and homes,in most cases the interior is the responsibility of the owner of the condo.This can be reported and repaired by hoa sometimes if there was a leak that was from other units, sometimes, it depends, but most times it is done by the owner, but sometimes it would be handled by hoa, it just depends. I am not familier with Florida rules. You also mention as-is.As-is means as is, you purchase it as-is.

Hope this helps you good luck. You might ask seller to have it fixed or your realtor to get someone to take care of.

Good luck. This is only an opinion, if not seek advice from the Attorney who is closing property.


---------- FOLLOW-UP ----------

QUESTION: The HOA is responsible for fixing the leak. But shouldn't the homeowner have notified them once we pointed it out during the inspection? Since I am not the owner why should it be on me to notify the HOA?

Sometimes, but I do not know their process there in FLA.

I would recommend you make a statement / letter signed by you as a buyer, to the Sellers and ask them to notify the HOA regarding the ceiling and ask them to fix it, all in writing and cc you, I would then speak with HOA and  see when they can do this, asking the current owners since they are the current owners of record.
Do you have a realtor? They should be helping you with this?

Good luck

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Marvin Bobbitt


Can answer questions about Real Estate in North Carolina. Professional Real Estate Broker,REALTOR Residential Real Estate,Professional Advising,Commercial Real Estate, Estates,Property Estates,Issues regarding real estate and the County Tax system,Bank owned properties, REO/Foreclosures and Investment properties,New homes & re-sale home sales,Management of Investment properties,1031 tax deferred exchanges, Profit enhancement within investments,Investment property advisor,North Carolina agency and required forms and disclosure.Difficult sisuations within real estate.


28+ years Professional experience.Experianced in property estates and real estate transactions primarly in the Durham, North Carolina area.Residential Real Estate, Professional Advising,Commercial Real Estate, Estates, My experience covers a vast range of real estate services.Due to my personal training by Frank Ward for over 20+ years.In residential,commercial,sales and leases, I have had the opportunity to work and learn with some of the best in the business. Estates have become a specialty to me.

Active Member of the Durham Association of REALTORS. Past BOD for Durham Regional Association of REALTORS. Active Member of North Carolina Association of REALTORS. Active Member of the National Association of REALTORS. Active Member of Triangle Multiple Listing Service. Past member Durham Jaycees, Durham Sales and Marketing and Durham Rotary Club.

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Graduate; Durham Public Schools Graduate; North Carolina Central University. Appointed; Real Property sale Commissioner/ Durham County N.C Clerk Of Superior Court 2010, Honorable Archie L.Smith, III, Durham County NC. Completion of the following North Carolina Real Estate Courses. North Carolina Real Estate School Fundamentals. North Carolina Real Estate Broker Classes. Completes Continuing Education classes annually as directed by the State of North Carolina Real Estate Commission. North Carolina Real Estate Licenses active 06/31/2014 NCREL #144640 R-1 Real Estate Appraisal. R-2 Valuation & Principles & Procedures. R-3 Applied Residential Property Valuation. G-1 Income Property Appraisal & Valuation. Completion of Notary Public Classes for the State Of North Carolina. Active Notary Public for Durham City/County, North Carolina. Active until; 06/16/2015

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20+ YEARS EVERYDAY PERSONAL TRAINING BY;FRANK WARD. Appointed; Real Property sale Commissioner/ Durham County N.C Clerk Of Superior Court 2010, Honorable Archie L.Smith, III, Durham County NC. Admited member; all experts 2009.

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