Q: Bought a home in an HOA and the realtor who was employed by the developer provided false information to entice the sale.
I was told as were many other residents that our homes would be painted every 5 years but it is already 8 years and Property Mgr. says that the HOA does not have to paint as it is not in our docs. Is there any recourse?
A: Unfortunately, no. It is important to have a lawyer represent you in real estate transactions to make sure these types of promises are in writing.
A: Sales people make all kinds of promises to sell homes, cars and other expensive items but unless it was put into writing, it is not likely anything can be done. Can you sue? Sure. Can you win is the question. Your dispute is with the developer, not the HOA. You should consult with a lawyer to review the facts surrounding your purchase to see if you have a case against the developer for fraud in the inducement based on how many owners were told the houses would be painted. Make sure you ask about the legal fees and cost of proceeding with any such action and compare that to the cost of having your home painted. Legal fees are only recoverable by a prevailing party if there is a statute or contract authorizing them.
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