Buying or Selling a Home/when to use lawyer

Advertisement

Expert: - 8/1/2007


Question
Hi Ms. Bryan

I am in Texas but I hope you can help me. I purchased a house and shortly after received a notice from my HOA that I need to replace my roof due to it being a wrong color. I believe the seller intentionally did not disclose the roof situation. My question to you is from your experiences do I have a case against the seller.  I did sign an As Is agreement during closing but upon close reading it only states I release liability to the Agents, Brokers, and Title company so do I have a case against the Seller since he was not included in the agreement? Your help would be tremendously appreciated.

Answer
Dear Edward,
I would first go back to the HOA and ask if a non-compliance notice was sent to the previous owner and was it filed.  If you have proof that the owner was notified of the non-compliance of the color of the roof, then you might have recourse.  However, the best thing to do is to go to a lawyer and consult about this.  Your contract may have stated "AS IS" but that is usually related to condition of the home.  I cannot speak to the contract since it needs to be reviewed for clauses and conditions (by an attorney); however, there is often a clause that states that there are no pending assessments or liens, etc.  and if so that the seller is to pay.  This non-compliance may apply under that circumstance but again...I am not a lawyer and suggest that you consult with one as soon as possible.

Good luck and best wishes.

~Jessica Bryan

Buying or Selling a Home

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jessica Bryan

Expertise

buying and selling process such as:
General questions from first time buyers
How to market a home
Why choose a REALTOR
How do I find a REALTOR
Should I consider buying or selling without a REALTOR--how much can I save
Should I remodel or move
How much can I expect to gain by fixing up my home before selling
Helpful tips when selling
Helpful tips when buying
finding a good mortgage loan
what is the difference between banks, mortgage bankers, and mortgage brokers
Questions from the general public, people thinking about getting their real estate license, newly licensed.
Fellow professionals who have interests in networking and how to get started
What is a market evaluation and how does it differ from an appraisal what are the different loan programs
services a REALTOR can perform
when to use a lawyer
when to use escrow
what are the regional differences in the buying and selling process
what is the MLS and how does it work
how can the layman access information on the web--listings and other information
These are just a few of the questions. I can suggest that if I am unable to answer a question I will refer the inquiry to a source that can.

Experience

Anyone who is in this business and who dedicates oneself to professionalism has continued to take classes and along with it,additional credentials, awards and honors. I can list a host of them, but my greatest accomplishments happen to be those of getting first time buyers (who didn't think they could afford to buy a home)into a home of their dreams. The look on their faces when I hand over the keys is worth all of the hard work.

©2012 About.com, a part of The New York Times Company. All rights reserved.