Fraud

[kota]

What is the name of your state? Tennessee

We recently bought a home and were not told about the home owners association with a fee of $1200, which went up one week later to $1600 per year. And later found out that we do not own most of our backyard because the developer made it a common area for the entire subdivision and the county has an easement there as well. The previous owners did not disclose any of this and marked "no" on the easement portion of the disclosure statement. Our realtor is saying nothing, no communication after we called to point these things out to her.

Do we have any recourse here?

kota

Originally Posted by kota

What is the name of your state? Tennessee

We recently bought a home and were not told about the home owners association with a fee of $1200, which went up one week later to $1600 per year. And later found out that we do not own most of our backyard because the developer made it a common area for the entire subdivision and the county has an easement there as well. The previous owners did not disclose any of this and marked "no" on the easement portion of the disclosure statement. Our realtor is saying nothing, no communication after we called to point these things out to her.

Do we have any recourse here?

kota

Pay your HOA dues like everyone else.

As for the property itself. Ever heard of "CAVEAT EMPTOR "?
Did you not have a survery of the property? The easment should have been on there. If not...I'm sure the easment in on the "plat" of the development at the court house, which you should have/could have reasearched yourself.

As for the property that is "common ground"...consider it a bonus. YOU now have property, which you can use "free of charge" so-to-say as YOU do not have to pay the property taxes on it, but get ALL of the luxury of using it.

[BelizeBreeze]

Originally Posted by kota

What is the name of your state? Tennessee

We recently bought a home and were not told about the home owners association with a fee of $1200, which went up one week later to $1600 per year. And later found out that we do not own most of our backyard because the developer made it a common area for the entire subdivision and the county has an easement there as well. The previous owners did not disclose any of this and marked "no" on the easement portion of the disclosure statement. Our realtor is saying nothing, no communication after we called to point these things out to her.

Do we have any recourse here?

kota

Yes, take your closing documents to a real estate attorney locally .

[BelizeBreeze]

Originally Posted by shellandty

Ever heard of "CAVEAT EMPTOR "?
.

Does NOT apply in Real Estate transactions where a misrepresentation or or withholding relevant information is alleged.

Originally Posted by BelizeBreeze

Does NOT apply in Real Estate transactions.

MAYBE not in Tennessee, but it certainly does in my state. So my appologies as I spoke to soon.

However, I would say she may have a case regarding a: "non-disclosure" issue with the seller, but I doubt it. I still believe that the survey would have showed this easment, and some responsibility will fall on the buyer for not doing all of the homework PRIOR to signing on the dotted line.

op: I'm just curious. Are you SURE the HOA dues are $1600.00 p/year?
Do you live in a multi-million dollar home?
Is there any chance that the HOA dues are included in your escrow for property tax, which is maybe the $1600.00 p/year?

[BelizeBreeze]

In tennessee, where the question was asked, the only situation(s) in which a disclosure form is not required is the sale of an 'as-is', foreclosure or contractor-constructed residence in the first-sale statutes.
NRS 113.130 subsection 2B: Which is the first sale of a residence that was constructed by a licensed contractor.

Subsequent sales must offer a truthful and complete disclosure.

[kota]

No, I do not live in a multi million dollar home, this fee is for mowing the lawn, paying for trash collection and for our street lights. We will pay the fee, just feel it should have ben noted in the slot where they were specifically asked if there is an HOA and if so what are the fees.
In your previous answer you said we pay no taxes on the property, yes we do. It was sold to us as 1/3 of an acre with our property going back to a fence. We now know that we stop 80' before the fence. We paid for the property, we pay taxes and upkeep, but cannot put anything on this property or do any improvements. There is a runoff ditch running through it that is in very bad shape and we can't touch it or will be sued by the county.

In your previous answer you said we pay no taxes on the property, yes we do

Either you misunderstood or I didn't verbalize correctly, sorry! Anyway...I did not mean to say that you don't pay taxes. I meant that $1600.00 is alot for HOA dues and was wondering if some, if not the majority, of this amount ALSO icludes your property taxes.

just feel it should have ben noted in the slot where they were specifically asked if there is an HOA and if so what are the fees.

So...What is in the "slot" where they were specifically asked? If NO answer (at all) was given, YOU SHOULD HAVE QUESTIONED IT AGAIN and got an answer before signing. If the answer was "NO...there is no HOA or dues" when indeed there are, then you may have something.

Still no doubt in my mind that you are, at least, partly responsible for not making sure YOU understood and was aware of EVERYTHING regarding the purchase of this property/home.

Did you have a survery of the property that you purchased?

[pojo2]

Originally Posted by shellandty

I meant that $1600.00 is alot for HOA dues

Not at all for what the OP said is being done. Around my neck of the woods on a 220K property the HOA dues are 225 per month for such amenities.

What I do have a hard time seeing is that the OP knew they had all these amenities and did not know the monthly/yrly cost, but that does not negate the fact that documents were not filled in properly and that the OP does not seem to have gotten the CC&R's that must be passed on by the seller/their agent or Atty.

[kota]

Originally Posted by BelizeBreeze

In tennessee, where the question was asked, the only situation(s) in which a disclosure form is not required is the sale of an 'as-is', foreclosure or contractor-constructed residence in the first-sale statutes.
NRS 113.130 subsection 2B: Which is the first sale of a residence that was constructed by a licensed contractor.

Subsequent sales must offer a truthful and complete disclosure.

Thanks for the help, I have gone back over all of the paperwork and they specifically say "No" easements or commom areas. We have a neighbor willing to testify that they did indeed know about the easement as it was discussed at length at HOA meetings and on several occasions in personal discussions.

We feel like the realtors are trying to avoid the issue because they both work for the same company so this will not reflect well on them.

Originally Posted by pojo2

Not at all for what the OP said is being done. Around my neck of the woods on a 220K property the HOA dues are 225 per month for such amenities.

What I do have a hard time seeing is that the OP knew they had all these amenities and did not know the monthly/yrly cost, but that does not negate the fact that documents were not filled in properly and that the OP does not seem to have gotten the CC&R's that must be passed on by the seller/their agent or Atty.

WOW! $225 p/month. Our HOA dues, which I just paid, are $175.00 p/YEAR. Of course, we pay garbage/trash pick-up seperatly to the city, but that's only $40.00 paid quarterly.

OP: Based on what you have posted here, I may well be worth a few hundred dollars to talk over you situation with a real estate attorney.