Bought a condo with a foundation problem

[dulam1610]

I'm living in Houston, Tx. I bought a condo and found out I have a serious foundation issue which is the biggest mistake in my life. I talked to my HOA about it and they told me their attorney said foundation is my responsibility and they said their attorney will call me, which never happened. However, the previous owner did sued the HOA about her foundation and they had settlements which obviously HOA is responsible for it. But now HOA said it's my responsibility. I'm very confused and feel helpless. I have all HOA documents with me but I'm so confused when reading it. I need your legal advice! Please!
Thank you very much!

 

[STEPHAN]

Did the former owner disclose the foundation problems to you?

 

[dulam1610]

Did the former owner disclose the foundation problems to you?

Yes, I did. And she said it's HOA responsibility.

 

[adjusterjack]

Go look up the former owner's lawsuit at the courthouse and see what happened. Get a complete copy of the case file.

If he was successful, hire his lawyer to represent you.

 

[LdiJ]

Go look up the former owner's lawsuit at the courthouse and see what happened. Get a complete copy of the case file.

If he was successful, hire his lawyer to represent you.

If the former owner got a settlement from the HOA then the former owner should have used that money to rectify the problem. Therefore it should not be an ongoing situation. Something is unclear here if the former owner is still saying that its the HOA's problem.

 

[dulam1610]

If the former owner got a settlement from the HOA then the former owner should have used that money to rectify the problem. Therefore it should not be an ongoing situation. Something is unclear here if the former owner is still saying that its the HOA's problem.

You're right. I heard from my neighbors, not the former owner that HOA send her the check to fix it but apparently she didn't fix it.

 

[Zigner]

Were the foundation problems disclosed to you by the owner you bought the condo from? In other words, in the paperwork you received, did you receive notification of the foundation problems?
If yes, then you likely are on the hook for this, regardless of whether the prior owner fixed it or simply pocketed the money.

ETA: If the problems were disclosed, then you, presumably, factored this in to your negotiations after you received the disclosures. In other words, you paid less because you knew that there were problems you'd need to correct.

 

[dulam1610]

Were the foundation problems disclosed to you by the owner you bought the condo from? In other words, in the paperwork you received, did you receive notification of the foundation problems?
If yes, then you likely are on the hook for this, regardless of whether the prior owner fixed it or simply pocketed the money.

ETA: If the problems were disclosed, then you, presumably, factored this in to your negotiations after you received the disclosures. In other words, you paid less because you knew that there were problems you'd need to correct.

We talked about it but not on paper. However, on our resale contract. I agree on buying as is condition. I don't know if that will against me if I have to argue with HOA

 

[LdiJ]

We talked about it but not on paper. However, on our resale contract. I agree on buying as is condition. I don't know if that will against me if I have to argue with HOA

We are telling you that we do not believe that you have anything to argue about with the HOA. The former owner got compensated for the foundation problem and apparently did not use the money to repair the problem. You bought the condo "as is", therefore you might not have any recourse against the former owner either.

You need to consult with a local real estate attorney.

 

[Zigner]

We talked about it but not on paper. However, on our resale contract. I agree on buying as is condition. I don't know if that will against me if I have to argue with HOA

Were there any disclosures that said that there wasn't a problem?

 

[dulam1610]

Were there any disclosures that said that there wasn't a problem?

I believe not. I didn't do any inspection or anything on the resale contract mention aboutabout the foundation.

 

[HRZ]

THe Texas property code requires written disclosures of known problems ...I don't think an "as is" provision in the written contract superceds any duty to make written disclosures . Oral disclosures may serve to muddy the waters, be careful.

ITs unlikely you can use her lawyer to sue her...take copies of the disclosure and copies of the prior suit and a written estimate to cure the problem PROMPTLY to the best litigator on RE matters you can find . Your action is against the seller, if there is a viable one.

 

[dulam1610]

THe Texas property code requires written disclosures of known problems ...I don't think an "as is" provision in the written contract superceds any duty to make written disclosures . Oral disclosures may serve to muddy the waters, be careful.

ITs unlikely you can use her lawyer to sue her...take copies of the disclosure and copies of the prior suit and a written estimate to cure the problem PROMPTLY to the best litigator on RE matters you can find . Your action is against the seller, if there is a viable one.

Thank you very much for your advices. Where can i get a disclosure? Is it from the seller?

 

[Zigner]

Thank you very much for your advices. Where can i get a disclosure? Is it from the seller?

You should already have received the disclosures as part of the sale paperwork.

 

[dulam1610]

You should already have received the disclosures as part of the sale paperwork.

I never receive a seller disclosure. I only received A Commitment for title Insurance, Notice to Purchaser and Buyer's Affidavit and Agreement. That is all documents that I have.