Expert: liznarr - 6/28/2007

Question
Hi, From the first day that I moved into my condo, I have been experiencing problems, primarily with the plumbing, and noticed niks and nats hidden from the buyer during my walkthrough.  Also, the upstairs neighbor inquired about a recent water leakage to my condo, not disclosed by the buyer.  This week, I erroneously received a letter from the Cook County (Chicago)circuit court to the condo association with a order to court regarding building inspections and the association not being in compliance, again, this information was not provided to me at the time of purchase.  

I purchased this condo about 2 months ago, and feel that important information that would have altered my decision to purchase was not provided to me.  I would like to pursue legal, is that possible?  If so, what steps should I take to begin the process?

Terribly Disappointed...

Answer
Hi MStewart,

It sounds like you definitely did not receive a full and accurate disclosure prior to your closing about two months ago.

A disclosure that the condo association is not in compliance with building inspections, to me, is definitely a material fact which would affect a buying decision -- as you correctly stated.  There can be severe penalties for not disclosing material facts, and the Courts have been known to decree a rescission of a Contract based on such failure to disclose.

If there was pending legal action against the condo association of record at the time of your closing, I would ask the closing attorney/title agent why this was not disclosed prior to your closing.  If the legal action was pending at the time of your closing, get a copy of the Complaint on file at the court system.

If you decide to pursue this matter legally (and it certainly sounds like you grounds to do so), I would first of all gather all documentation that you can including

1.   Disclosures provided to you by Seller
2.   Any inspection reports
3.   Statement from your neighbor about the leak (if he/she will give you one)
4.   Cook County Letter you received, along with any Complaint of record against the condo association that you can locate
5.   Any agency disclosures from real estate agent(s) representing you
6.   Any other pertinent information you can pull together.

I would then make an appointment with a good real estate/trial attorney and obtain legal advice on what your options are.

Good luck to you.

Regards,
Elizabeth