I purchased an apartment in Colorado last summer. The complex has tons of issues that were not disclosed on the sellers disclosure. I received an updated sellers disclosure 3 days to close and it was still not indicated.
The issues are pretty easy:
1- issues with roof from a hail storm in 2019 that I now owe $ from a special assessment
2 - polybutylene pipes in whole unit that need replaced.
I emailed the managing broker to let them know that I thought I was misrepresented by my agent, but they basically told me I was out of luck. I did review my emails and my agent did forward me a ton of HOA documents about a week before my closing. In those documents it did talk about the pipes and the hail storm, but it never said that those issues had not been resolved yet.
Am I out of luck since the seller did not disclose that the HOA was still working to resolve the issues with the roof and that the HOA is requiring everyone to replace all pipes in individual units at our own costs? (This is a whole separate question - can the HOA require everyone to repair their pipes when they had paid to repair other units pipes in the past?)
I just feel like everyone knew about the issues (both my agent and the seller/sellers agent) and didn’t disclose just to make the sale. It feels like I got sold a lemon and there is nothing I can do.
Am I out of luck?
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Thread: Failure to Disclose - Next Steps
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17-08-2021, 11:41 AM #1
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Failure to Disclose - Next Steps
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17-08-2021, 11:42 AM #2
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Hey! To be honest, I am not very versed in the concepts and terms of jurisprudence, so I cannot give you an exact answer, but it seems to me that this article on failure to disclose will help you.
Here you will find a lot of information you need and finally understand what this means.
Hope I helped you!
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