If your condominium unit suffers damages due to a material defect in a "common element" of the building, must you disclose this defect?

Asked by TC, 60657 Wed Jul 21, 2010

I bought a duplex down in a 6 unit condo. The Residential Real Property disclosure form that we received did not mention any material defects in the walls or foundation. From the time we moved in we have had a leaky foundation and have since found out that the seller knew of these problems. The property disclosure does not cover "common elements" but if your property is being damaged from a common element defect, like the foundation, don't you have to disclose that to a potential buyer?

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Michele Wils…, Agent, Lake Forest, IL
Thu Apr 24, 2014
You need to disclose this issue. You should speak with the attorney who represented you when purchased.
Your condo board should also be made aware of this problem in wrtiting.
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Santiago Ken…, Agent, Chicago, IL
Wed Apr 16, 2014
YES , YES AND YES ! you just said ..you condominium unit suffer damages ! you must to disclosure
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Pat & Steve…, Agent, Westlake, OH
Sat Nov 3, 2012
I suggest that you contact an attorney who handles residential real estate matters, especially condominium matters, ASAP. From what you have said about the problem, ask the attorney if this problem is also a problem for a condo owner who has water inside the condo? I am not giving you legal advice of any kind. I am merely suggesting a question you might want to ask your attorney.
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Wanda Monter…, Agent, Chicago, IL
Sat Nov 3, 2012
Contact the real estate attorney that helped you close the condo. Anything anyone else says is not legal advice and that is what you are asking for because you already closed the unit.
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Robert Pratt, Agent, Chicago, IL
Fri Jul 23, 2010
First of all, you should definitely consult your attorney before proceeding. Your real estate attorney will be able to advise you best.

It is probably best to disclose up-front.

Your attorney can advise you how best to do so.

Strategically, the earlier you tell the buyer and the less you seem to be "hiding" something, the better the disclosure will likely be received.

In all likelihood, the "material defect in a 'common element'" will be disclosed during attorney review anyway - when the buyer reviews the condo docs, financial disclosures, meeting notes, etc.
Web Reference:  http://www.dreamtown.com
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Debra (Debbi…, Agent, Livingston, NJ
Thu Jul 22, 2010
I would say that anything affecting the condo should and must be disclosed, whether it be part of the common area or part of the unit itself.

Even if the disclsure didn't have a specific space for common area problems to be listed - it still should have been disclosed.

Foundation issues are certainly nothing to keep hidden.

If you feel the seller hid these problems from you, I suggest you contact a real estate attorney to dicsuss what your rights may be..

Will the association be responsible for any repairs to the foundation?

Best wishes.............
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