When do I disclose HOA documents to a prospective Buyer ~ before or after a Contract is executed?

Asked by Flyingrranches, Woodland Park, CO Wed Jan 30, 2013

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12
Cory Fitzsim…, Agent, Golden, CO
Wed Jan 30, 2013
Hire a realtor! There is a deadline in the contract to buy that addresses this. Like Sally said, be proactive and send them over to the buyer's agent if you know they are writing a offer. Best advice is to hire a realtor to represent you and to address these matters. If you have a realtor they should be directing you on this already. Good luck!
1 vote
Sally Grenier, Agent, Boulder, CO
Wed Jan 30, 2013
This is typically addressed in the Contract to Buy. But many sellers (and seller's agents) prefer to provide all disclosures up front. Agents are able to upload documents to the MLS, such as Seller's Property Disclosure, Square Footage Disclosure, HOA docs, Closing Instructions, etc.

When I'm a Buyer's Agent, I like to have these docs before I write a contract to buy. There might be things in the disclosures that I want more information on, that we can ask for in the contract under "due diligence docs" or additional provisions.

I say it's better to be proactive and have all your disclosure docs ready to go when you list your home, rather than scrambling down the road, after you get a contract.
1 vote
Tim Moore, Agent, Kitty Hawk, NC
Wed Jan 30, 2013
Are you working without a Realtor? They should be doing this and advising you. What is in the written offer, normally they address things like this and give a buyer a huge way out if not done correctly and timely. If in doubt, why wait to show the buyer the HOA doc unless you are trying to hide them.
1 vote
Kim Benedict, Agent, Overland Park, KS
Mon May 26, 2014
Your realtor should be telling you when the paper work is due to the new buyer. There are time frames in which different paper work is due. Its best to give documents like that as soon as they can be given, this way there is no surprises down the road that upsets the buyer and makes them walk away... also have a real estate attorney for the details when it comes time to sign contracts so your protected.
0 votes
Brock Lee, , New York, NY
Tue Feb 11, 2014
A few months ago my husband and I sold our home in Colorado and it was a bit difficult getting the HOA documents needed for our buyer. A family friend referred us to http://www.associationonline.com. They were a huge help in making sure we had all the right documents and the information met the state disclosure requirements. I was able to get the whole package together easily by the contract deadline. I don’t think the process could get much easier than the software and service provided by Association Online. You should visit their website or call (970)-226-1324. They’re a great help for homeowners nationwide.
0 votes
Kristi Wagner, Agent, Woodland Park, CO
Sat Dec 21, 2013
I have found that most of my clients and prospective clients have found this out before hand but there is a specific time on the contract when this is to be done by.
0 votes
Skeeter Wils…, Agent, Westminster, CO
Thu Jan 31, 2013
You generally will do that after a contract is executed. There is a section in the Contract to Buy and Sell that covers HOA documents and there will be dates that you will need to adhere to to get the documents to the buyers on time. Your agent should cover this with you.
0 votes
Lake Bishop, Agent, Denver, CO
Wed Jan 30, 2013
HOA documents are part of the process of buying a home and usually you get them a week or two after mutual acceptance of the contract.
0 votes
Donna Brazill, Agent, Colorado Springs, CO
Wed Jan 30, 2013
Typically it is addressed in the Contract to Buy and Sell by dates listed. However, I usually will call the listing agent and request all of the disclosures and the HOA info prior to writing the offer so everything is on the table beforehand. Many, but not all, POA and HOA docs are available on line now so its often a moot point, as buyers have already found the info they want to know before offering. I hate to see an solid purchase contract die AFTER the buyer has found out the fence they plan to install is non-allowed... so its nice to have it all clarified first.
0 votes
What happens when the buyer received the HOA condo packet at least 3 wks before closing and then backed out one day before closing because the bylaws said only 2 pets, they have 4. Legally, shouldn't they let the seller know 3 days after they received the condo disclosure packet?
Flag Fri Jun 23, 2017
April DeNio, Agent, Woodland Park, CO
Wed Jan 30, 2013
When I take a listing, there is a place on the listing contract for my Seller to represent if there are any association assessments. Then when I enter the listing there is a place on the MLS to show other agents whether or not there is an HOA. If I am drafting an offer for a buyer, I check the MLS to verify that and then draft my offer accordingly. There is a place in Section 16.3 where I would put any HOA info I am aware of as the buyer's agent. I would expect the Listing Agent to correct that via a counter if I am incorrect since that section is for the Seller to disclose. Also, the Seller should disclose on their Seller's Property Disclosure under Section L if the property is part of an owner's association. Regarding the documents themselves, that is addressed in the Contract to Buy in Section 3 under all those dates and deadlines. Those documents need to be provided to the Buyer before that deadline.
0 votes
Linda Aanest…, Agent, Woodland Park, CO
Wed Jan 30, 2013
Although it technically depends on what is written in the Contract to Buy and Sell Real Estate that is executed by a buyer and a seller, there is normally a specified time period given for the required disclosure of all Association documents. Even though you aren't required to disclose those documents prior to that time period specified in the contract, it makes more sense to have as many of them as possible disclosed and available to potential buyers during the listing and prior to the executed contract. Sometimes, though, that may be difficult to do if you're in an HOA that is not very cooperative or helpful or charges an exorbitant fee to provide those documents. Many HOAs have their documents on line these days but some do not. Most HOAs will provide their documents to the public or the broker, but some will only provide them directly to the property owner (seller). Bottom line is that you are not required to disclose or provide those documents prior to an executed contract, but it is helpful to do so and could save some time and effort from being wasted later.
0 votes
Ebrha_lara, , Colorado Springs, CO
Wed Jan 30, 2013
This can become a legal issue, you should be working with a professional Realtor. And before the contract is executed.
0 votes
If it is a legal issue, NO, a Realtor is NOT qualified nor legally authorized to advise. Only a licensed attorney. If a non attorney Realtor advises on legal matters, it is called the unauthorized practice of law.
Flag Sat Feb 22, 2014
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