Nancy Saporta, Home Buyer in West Palm Beach, FL

Getting out of escrow because of getting the HOA documents late and we do not want to live under the HOA rules

Asked by Nancy Saporta, West Palm Beach, FL Wed May 16, 2012

Help the community by answering this question:


At ths point you really do need representation by a Real Estate Attorney!!
The questions raised as to your contract provisions, discloures made,
and the timing on the delivery of the HOA " Doc"s are factors and are
ingredients to any " exposure " or "remedy". These are best sorted out
with an attorney - particularly now that you have been threatened with a
lawsuit! Get the help you need!

Bob Brubaker Highlight Realty Palm Beach County Fl. 561-876-6649
Web Reference:
1 vote Thank Flag Link Thu May 17, 2012
Trying to get an attoney to help us is hard being out of state. I think I have one that is to call me back after reviewing the docs. THANK YOU for the support! Feels good to have people care and reach out. Thank you again
Flag Thu May 17, 2012
We also told our realtor the same hour we recieved the HOA by telephone.
Flag Thu May 17, 2012
Thank you so much and we did contact an attorney today. The HOA makes their decission tomorrow so hope the lawyer can get things done in less than 24 hours. The stress is awful and was so fun with joy. Thank you so much. If you know an attoney that can help let us know.
Flag Thu May 17, 2012
Hi Nancy,

In Florida the Seller is NOT required to give you a copy of the HOA documents. The requirement is that you are NOTIFIED of the existence of the HOA. Your contract should have included an HOA addendum that clearly outlined this.

If your contract did NOT contain the HOA disclosure then you may have a legitimate reason to cancel your contract. If you signed the HOA addendum then you made a legal mistake and if you decide to cancel at this point you may end up in a lawsuit for "specific performance" and for the listing agent and your buyer's agent's commissions they would have been paid. The Seller can actually "force" you to buy their house or if they sell at a lower price to another buyer you may owe them the difference. If you decide to cancel you ABSOLUTELY need an attorney to advise you.

Otherwise you may have to hire an attorney to defend yourself and could end up with no house but a lot of money owed!

Now, if you really meant Condo Association governing documents then that is a different story. You MUST affirm receipt of condo docs. Most REOs will NOT supply condo docs so you will have to get them at your expense.

Good luck and sorry you didn't understand that you were buying in an HOA and that teh responsibility to get the HOA governing docs was your responsibility.

All the best,
Alma Kee

PS Don't shoot the messenger... and get an attorney if you decide to back out on your contract.
0 votes Thank Flag Link Fri May 18, 2012
I agree get an attorney's consultation immediately. Beverly Howe, ABR, GRI, TRC, CIPS "the original" Florida Buyer Broker.
0 votes Thank Flag Link Thu May 17, 2012
Your realtor is threatening to sue you? When was the property supposed to close and when did you tell the realtor that you didn't want to buy the property?
0 votes Thank Flag Link Wed May 16, 2012
We were going to rent the home for 3 months and close Sept 6. The realtor said he is not a lawyer BUT..everyone would sue us. He went to the board to get it speeded up to get us in..we want OUT
Flag Wed May 16, 2012
Were you given a disclosure to sign with the sales contract telling you that the home was in a HOA that was mandatory and how much the fees would be? If you signed that then your realtor should have requested the HOA docs at that time. Bank owned properties do not provide them and disclose that up front but you or your realtor could have gotten them from the association. How long after the contract was accepted did you receive the documents? Had you requested them earlier and what was the delay?

Lesli Fioretti
Keller Williams Realty
0 votes Thank Flag Link Wed May 16, 2012
Our realtor will not help but started with a strong voice of saying everyone would sue us including him and his company
0 votes Thank Flag Link Wed May 16, 2012
Dear Nancy,
I hope you get your deposit back.

I'd be happy to find other communities for you that do not have mandatory HOA.

Susanna Grubb
Illustrated Properties
(561) 827-2952
0 votes Thank Flag Link Wed May 16, 2012
Thank you so much and hope we can get out of this mess. The realtor is being ugly and we are worried about losing our 25 k and being sued. We do not want the hoa rules and after reading the minutes on line we really want away from this. Nobody seems to know how to get out of this. If we saw the HOA info when we saw the contract we would have never go forward with a contract or escrow. If we get out of this lets talk..Thank you for any help and your kindness
Flag Wed May 16, 2012
If the seller is a bank or REO you may have signed a counter offer addendum if most likely makes this nul, if it is a regular seller then you have an out as long as the docs were delivered and you have backed out because of the HOA rules within the period of time specified in the HOA addendum that your realtor presented with the offer.
Web Reference:
0 votes Thank Flag Link Wed May 16, 2012
The house is not a short sale or owned by the bank. We wanted the home until we read the HOA rules last Wednesday. Our realtor said everyone would sue us and not to talk to anyone like the hoa or would be a breach of contract. We want our 25 k and out of the hoa area
Flag Wed May 16, 2012
I don't blame you a bit;
I am not a fan either.
Did you cover yourself with the Contingencies?
If not, your Realtor can probably a request for cancellation of the Contract, and you might get your deposit back.
0 votes Thank Flag Link Wed May 16, 2012
We put $25 k in escrow and our realtor is upset and said he would sue, his company, the owners and their realtor if we backed out. Our realtor just gave us our paperwork March 8 and we knew we could not live with the rules. Our realtor said if we contacted the HOA it is a breach on contact and we would we sured. We are to move in in less than 2 weeks. I hope you can help. Thank you in advance for your answers
Flag Wed May 16, 2012
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