The seller's agent ordered the resale package on a deferred payment method. A new law allows people to order these packages without paying upfront. The HOA did not provide this outsatanding amount at closing and now the HOA wants me to pay fo those fees because I am the owner of record. I was not the owne of record when the resale packages were requested. What should I do?
Have your agent contact the listing agent about the outstanding fees. The HOA should go back to the person who requested the documents in the first place. The agent should be responsible for paying the fees but chances are you may be stuck.
Yes, hopefully you did have an agent - and you should contact that person who will work with all parties and try to resolve it to your satisfaction. But, to be honest if you can't negotiate your way into relief, you probably will need to resolve to paying the fee... it's not that much (I know, easy for me to say when I am not paying it), but taking legal action to force the bank to pay it will be more costly - even if you win.
Amy,
Unfortunately, in many instances the Bank transfers the responsibility for the HOA document payment and sometimes any HOA fees that are in arrears over to the buyer through the Bank Addendum that you most likely signed. Review the Addendum from the bank to see if this is in fact what happened.
Please let us know how this turns out,
AJ Heidmann, ABR, CRS, e-PRO
Cell 703-474-1260 ~ Office 703-518-8300 ~ Fax 703-518-8314
AHeidmann@CBMove.com
Coldwell Banker Residential Brokerage
310 King Street, Alexandria, VA 22314
Licensed in Virginia
Amy,
You don't mention if you had your own agent (not the listing agent..your agent) so if you do, ask them for assistance since that is who would have been reviewing your hud, along with your closing or attorney's office. In conjuntion with the changes made regarding HOA payment, the Virginia Home Owners Alliance is there to help you, the consumer, with these type of questions.
Go the vahomeownersalliance.com and you'll find contact information there. Obviously, I don't know the nature of your contract and your obligations so i can't tell if the bank is responsible for anything at this point or if any of that obligation 'survives closing'. Call the alliance asap. You may contact me if you like and I can get you more contact info for them. If you have an agent, however, you'll need to check with them. Good luck and I hope it works out!
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