American Fork, UT asked in Real Estate Law for Utah

Q: We recently bought a home. The sellers upon move out did not leave us the pool and clubhouse key card.

Upon moving in, it was our expectation that we would receive all the keys associated with the house. In our previous residence, we lost our pool key, and replaced it upon moving out. We expected and should have received the same at our new house. We contacted our HOA, and they said it was our responsibility to replace it, even though we never had possession of it, and were not the ones who lost it. We feel we should not have to pay for something we never had, and did not lose. My question is, who is responsible for replacing the key? We have tried to contact the sellers as well, but they will not get back to us. Do we need to pay it, or should the seller or HOA take care of it, since it was not our fault?

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1 Lawyer Answer
Lincoln W. Hobbs
Lincoln W. Hobbs
  • Salt Lake City, UT
  • Licensed in Utah

A: The seller should have given you the key; since they didn't, the association ought to, but is not legally required to give you a key either for free, or at no charge. It's not a good sign if the association welcomes new owners by not giving them a key.

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