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Help me analyze this before i dispute it

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Originally posted by: EagleKeeper
The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.
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Don't you think it should be the HOA's responsibility to get the money out of the other guy? Transition is only involved in this because he happens to own the house now. If the HOA had done the work before he moved in, I don't think anyone would question that it's the HOA's responsibility to get the money from the previous owner.
 
Originally posted by: Transition
The work has not yet been fixed. It sounds like the HOA is requiring it to be fixed, but i left a voice mail to postpone the repair work until the issue can be resolved.
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In that case, unless you want to hassle with the previous owner, you might as well get it repaired. The quote your HOA gave you seems a bit high, so I would solicit my own bids and/or repair it myself.

Come to think of it, how would anyone notice that your siding is warped unless they were in your back yard?
 
Originally posted by: mugs
Originally posted by: EagleKeeper
The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.
Click to expand...

Don't you think it should be the HOA's responsibility to get the money out of the other guy? Transition is only involved in this because he happens to own the house now. If the HOA had done the work before he moved in, I don't think anyone would question that it's the HOA's responsibility to get the money from the previous owner.
Click to expand...



welcome to the magic of home ownership. once you sign for it, you get all the home's problems. If the previous owner didn't pay a contractor, once it's your home guess who is responsible for it.
 
Originally posted by: alent1234
Originally posted by: Injury
Why the hell SHOULD you be responsible for damage that occurred prior to your residency that you took note of when the previous owner ALREADY requested the work.

You tell them to take this bill and shove it up their ass, or show them where you signed to have this work done.
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most HOA charters specify a minimum standard of how the building is supposed to look on the outside. The damage was negligence on the previous owner's part and the HOA sitting on it was probably a mistake. Either way OP is probably on the line for the repairs.

To be sure he will need to read his bylaws and know a little about local RE laws. I personally think he is going to have to pay for this and he will have no case against the previous owner since he took possesion of the home. Most contracts say AS IS.

If you buy a home, get a lawyer. Don't trust your RE agent or the title company. Your lawyer will work for your interests, everyone else for theirs.
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That's a bunch of horse sh!t. You don't need a lawyer to buy a home. Real Estate agents in CA are supposed to look out for their client's best interest. You don't need a lawyer to fill out a standard home purchase agreement.

This should have been noted by the home inspector and the real estate agent (if you had one) should have made the purchase contingent on this being fixed. Still, the buyer may tell you go screw at which point it will be up to you whether or not you still want to buy the home and pay to fix the damages.
 
Originally posted by: mugs
Originally posted by: EagleKeeper
The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.
Click to expand...

Don't you think it should be the HOA's responsibility to get the money out of the other guy? Transition is only involved in this because he happens to own the house now. If the HOA had done the work before he moved in, I don't think anyone would question that it's the HOA's responsibility to get the money from the previous owner.
Click to expand...

In an ideal world, yes. But the HOA is going to do the minimum the law allows to make sure the charter is met.
 
Interesting to see the views really vary on this. The more i read into this the more i think i'm screwed in this situation. I'm going to review the purchase contract and make sure the repairing of the siding wasn't in there. Otherwise, I'm not going to vest a ridiculous amount of time into this and goto court.
 
Originally posted by: Transition
Interesting to see the views really vary on this. The more i read into this the more i think i'm screwed in this situation. I'm going to review the purchase contract and make sure the repairing of the siding wasn't in there. Otherwise, I'm not going to vest a ridiculous amount of time into this and goto court.
Click to expand...

Yeah, unfortunately for you regardless of what the purchase agreement says it is not the HOA's responsibility to pay for these repairs since it was caused by the previous owner. If you can't get the prior owner to pay then you will have to pay it.
 
Originally posted by: mugs
Originally posted by: EagleKeeper
The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.
Click to expand...

Don't you think it should be the HOA's responsibility to get the money out of the other guy? Transition is only involved in this because he happens to own the house now. If the HOA had done the work before he moved in, I don't think anyone would question that it's the HOA's responsibility to get the money from the previous owner.
Click to expand...

Nope. its is not the HOA's problem. they are not there to make repairs on peoples houses. thier job is to make sure the home owners keep their property inline with their bylaws that the home owner signed BEFORE they signed the real estate deal.

it is his problem now. welcome to home ownership. Like i said earler the only thing he can do is pay the bill to get it repaird to keep the HOA off his back before they put a lein on his house. If he doesnt settle soon with the HOA that is exactly what they will do. after he pays the bill, then he goes after the previous home owner in small claims court.

however since we are talking what, 300 bucks?? just pay it and forget about it. consider it cheap life lesson learned.
 
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