Home Buying in 92130>Question Details

billie, Home Buyer in Amherst, OH

who is responsible for telling the buyer there are HOA fees and the house is in an HOA and the fees are behind, if not in search in lorain county oh?

Asked by billie, Amherst, OH Fri Aug 30, 2013

Help the community by answering this question:


Hi Billie,

The seller must disclose all material facts that affect the value of the property in writing, nothing is verbal if you meant that literally. These material facts are delivered to the buyer's agent as it's received,or directly to the buyer if no buyer's agent is used. Some agents will just give all of this paperwork to their buyers to read. Good agents will want to go through all of it with their buyers to be sure they understand it. Not all buyers want to, not all need that, but most do. If there are still questions, and there might be, it's up to the buyer to do his due diligence to get them answered to his satisfaction, and hopefully most agents will help with that whenever they can, and if it's within their expected scope of knowledge. The more agents help, the more knowledge they have going forward. In any case, buyers MUST read all of the disclosures and satisfy themselves. Many buyers don't read any of the disclosures!

If you used an agent, ask which disclosures to look at... If you didn't use an agent, you should try looking at, and I mean really reading, the HOA documents and the preliminary title report for HOA information. Some of the seller-prepared disclosures may have something too (ours do here in San Diego).

Good luck to you,

Cory La Scala, REALTOR
Independence Realty
619-825-6421 Direct
619-884-3452 Cell
Lic # 01443391
2 votes Thank Flag Link Fri Aug 30, 2013
It is the responsibility primarily of the seller. If the seller appoints a Realtor, then the listing agent and further he needs to disclose it the buyer's Realtor.

Manju Gupta, Realtor
2 votes Thank Flag Link Fri Aug 30, 2013
Hi Billie,

Two quick things that may help:

1. As part of the purchase the seller is supposed to pay for the buyer to receive a copy of the HOA documents, which will include current financial statements.

2. Beyond the seller, the existence of the HOA will be noted in the preliminary title report.

It should not matter to you if the seller is behind in their HOA dues, if that is what you mean in your question. You are only responsible for the dues once you take title to the home.

If you have more questions, call the management company for the HOA.

Best of luck to you,

Mark & Kari Shea
Shea Real Estate
National Association of Realtors
CA DRE License 01713506
2 votes Thank Flag Link Fri Aug 30, 2013
Sellers will disclose to the buyer all known facts about the condo. Also, once the buyer is in escrow, the HOA sends to the buyer the HOA documents, including assessments, last 12 months of meetings, & Rules & Regulations and Articles of Incorporation, and more. During your contingency period you will be able to go over those documents to determine if you are satisfied.

For any other questions, please call me.

Jeannie Thompson
Coldwell Banker La Jolla
930 Prospect St.
La Jolla, CA 9203
858 395 7727
2 votes Thank Flag Link Fri Aug 30, 2013
The seller is required to disclose all information pertaining to the property, agents on both sides will have access to all HOA docs, including dues, minutes and reserves.
2 votes Thank Flag Link Fri Aug 30, 2013
Its easy to point the fingers at the Realtors, but everyone who buys homes for investment purposes, takes it upon themselves to research HOA's. Now I do understand that the average buyer wouldn't know how to do that research, but unfortunately most Realtors don't know how to dig into an HOA either. Now I know a lot of you Realtors are going to get upset by that statement, and if that's the case then I am not talking about you. So my advise to every buyer I run into is to refer them to a book written by Professor Leonard Baron on "Due Diligence" http://www.professorbaron.com/ . this is an invaluable tool for EVERYONE, Realtors, Buyers, Loan Officers, Investors. Arm yourself with knowledge before you make the biggest purchase of your life.
2 votes Thank Flag Link Fri Aug 30, 2013
Hi Billie,
The Realtor should be sharing all the details of the home with the buyer - HOA, Mello Roos, any special assignments, etc... because this is vital information and the buyer should know everything in order to make an informed decision.
If the fees are behind, that information would probably be revealed in escrow when they pull the title report. However, the homeowner/seller should have shared the information in the transfer disclosure statement or even in the listing agreement. Is the house a short sale? Many homeowners who are struggling with their payments chose to not pay their HOA and get behind .
Are you looking at a specific home in 92130 and do you have the address, so I can do the research for you.
Also another helpful tool for buyers is a property profile which will show area information, neighbors and data about the house including HOA information - but it is general info.
Janet McCarthy
RE/MAX Solutions
2 votes Thank Flag Link Fri Aug 30, 2013
Hello Billie,

In California, the Seller's are responsible to disclose all known material facts about the home to the Buyer's. This includes all HOA fees current & passed due and the fact that the home is located within an HOA. Good luck to you.

Warmest Regards,

2 votes Thank Flag Link Fri Aug 30, 2013
seller and both agents
Flag Fri Aug 30, 2013
Usually the seller , but if the seller have an agent then its the agent responsibility to tell the buyer
0 votes Thank Flag Link Mon Jun 22, 2015
Normally the buyers agent but the buyers Agent needs to protect the buyers by doing due diligence and questioning the Sellers Agent and Contacting the HOA to know if there is any special assessments or what the HOA is funded at whether it is 50%, 70% or 105%, anything under 100% is under water.
0 votes Thank Flag Link Thu Jun 18, 2015
The seller should disclose HOA CC&R, Bylaws, reports, and fees. There should be contingencies in the purchase agreement that state this (at least in California).
0 votes Thank Flag Link Wed Nov 13, 2013
All these agents are correct. Seller has the responsibility to disclose all known facts. And, within the contract, the HOA is notified of the potential new buyer and will deliver to escrow all the documents they hold and deliver them to the buyer for their review. Within those documents you will see past due HOA dues, fees and penalties.

For further information, please call me directly.

Jeannie Thompson
Coldwell Banker
930 Prospect St.
La Jolla, CA 92037
(858) 395 7727
California BRE# 01021435
0 votes Thank Flag Link Sun Nov 10, 2013
Seller is responsible up until the sale of the home. This should be listed as pro rata in the contract. For mortgage help, call or email for a free pre-approval in less than 10 minutes. We lend our own money and are licensed in 49 states.

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Brad Neumann
Sr. Loan Officer
Crosscountry Mortgage Inc.
Toll Free: (855) 415-5626 ext. 5734
Email: bneumann@myccmortgage.com
NMLS# 948036
0 votes Thank Flag Link Sat Nov 9, 2013
The seller and the seller's agent should provide you with all the HOA documents. This is also a contingency on the purchase contract if you got a REALTOR to prepare one for you.
0 votes Thank Flag Link Sat Oct 26, 2013
The seller is responsible for notifying the buyer of a Homeowners Association (HOA). The seller is also responsible for any back dues owed. The HOA has legal recourse if dues are delinquent and will usually go after the prior owner to collect. Of course, this is all contingent on the purchase agreement. The standard purchase agreement will state the seller is responsible for any back dues owed to the HOA. Make sure your purchase agreement is clearly written to include this stipulation.

Please contact one of our experienced Real Estate professionals for more information: http://www.globenetrealty.com or 714.988.8399.
0 votes Thank Flag Link Thu Sep 5, 2013
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