I understand the need to blame someone when you may not have done your own homework. While the MLS might make certain statements or claims, it is only an advertisement and nothing more. As such, all claims in the MLS are the responsibility of the BUYER (you) to verify. The reason I say this is because you, as the buyer, received a package from the HOA and/or your title company called "HOA Disclosures". It's called a "disclosure" because the HOA discloses to you all resale and recurring HOA fees, CC&Rs, amendments, etc. The monthly HOA fees would have been disclosed in your HOA Disclosures and you would have had a 5-day opportunity to cancel your contract (barring contract language to the contrary) if you felt the HOA fees were too high.
Unfortunately, by proceeding to close the transaction, you have accepted all disclosures and conditions of the sale. It was not your agent's responsibility to discover this information for you - it was disclosed to you and you simply failed to notice. I'm sorry this happened to you, but honestly it's your own fault. I know this may be a more blunt response than you've received from others, but I think you need to understand your role in all of this and take some ownership.
You would have seen the actual HOA payments for the first month or two which are charged on the buyer's side of the final HUD1 that both parties sign. See sample HUD form attached to this answer. Also, post closing there can be increases or new assessments to the HOA fees as well.
I hope that helps.
"The MLS printout states at the bottom "ALL INFORMATION SHOULD BE VERIFIED BY THE RECIPIENT AND NONE IS GUARANTEED AS ACCURATE BY THE ARMLS"
Did your agent have you sign a BUYER ADVISORY? If so, it clearly states:
"A listing is an agreement between the seller and the listing broker and may authorize the broker to submit information to the MLS. The MLS printout is similar to an advertisement. Neither the listing agreement nor the printout is a part of the purchase contract between the buyer and seller. The information in the MLS printout was probably secured from the seller and could be inaccurate, incomplete or an approximation. Therefore, the BUYER SHOULD VERIFY any important information contained in the MLS"
All the best!
HOA have the right to raise their fees. The real question would be was the fee 250 when you moved in or was it lower and then went up after you moved in. If it was higher when you moved in then you may have a disclosure issue with the agent. If it went up after you moved in then that is the risk of having a HOA.
It is up to the buyer to verify the information of the MLS listing as it is not an agreement between buyer and seller but a information service used among members of the MLS.
Regardless of the answer you agreed to pay the HOA fee so that can't be adjusted.
You could go to http://www.azre.gov for the Arizona Department of Real Estate if you feel the need to file a complaint, however, this will not change the HOA fee.
You could also file a complaint through the Arizona Association of REALTORs http://(www.aaronline.com)
Bottom line question would be is this a disclosure issue or a due diligence issue. More than likely a little of both.
Your buyers advisory and tye HOA addendum provide you information about the buyer verifying the amounts of HOA fees and to read, agree to the HOA regulations. HOA fees do change regularly and they usually go up.
You have to sign that you have read and agree to the HOA regulations for the home to close. This should be done during your inspection period.
Talk to you Realtor who is the most familiar with your closing.
May I wish you the best.
It is the seller that has to disclose. And it is your job to find out prior to purchase.
Unlike IL we don't have attorney reviews.. but you will see it in your title work.
If you bought through an licensed agent you will need to chat with his/her broker first.