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real estate issue, need advice



od488gw02@sneakemail.com (chris)
12/12/2003 11:09:40 AM


Hello, we recently bought a ski condo in Colorado. A big part of our
selection process was monthly maintenance fees, which vary from $100
to $600 for our price range.
Well we finally purchased a nice studio with what we believed was $230
maintenance. All the paper work said this and the sellers agent said
this.
Come to find out that last year the fees went up to $310. The seller
knew this and had been paying this for almost a year, but never told
us.
We're obviously really upset, because had we known this before we may
not have purchased it.
What are my options? I'm thinking about a small claims case maybe, to
recoup some $? Not sure we want to fully back out of the deal though.
thanks.
chris
 
 
"JW"
12/12/2003 8:01:39 PM


A claim against the seller would depoend how much he mislead you. Depending
on the terms of the contract, he might have had an obligation to tell you of
any change in costs regarding the property. If the contract doesn't address
this though, it was probably your responsibility to monitor costs while the
deal was pending.
 
 
"McGyver"
12/12/2003 5:00:21 PM


I don't know anything about Colorado law. All I can tell you is that
normally, the seller is not obligated to tell you anything except as state
law may require concerning the condition of the property. As to other
matters, there is no obligation to disclose. But if you ask, the seller
must either refuse to answer or tell the truth. Lying about the costs is
fraud. So if there was a direct lie, you can sue, and if there was nothing
but silence on the issue, it doesn't matter what the seller knew.
Naturally, you wouldn't bother with the suit unless you have some evidence.
McGyver


"chris" <od488gw02@sneakemail.com> wrote in message
news:c452700a.0312121109.362d1088@posting.google.com...

Hello, we recently bought a ski condo in Colorado. A big part of our
selection process was monthly maintenance fees, which vary from $100
to $600 for our price range.
Well we finally purchased a nice studio with what we believed was $230
maintenance. All the paper work said this and the sellers agent said
this.
Come to find out that last year the fees went up to $310. The seller
knew this and had been paying this for almost a year, but never told
us.
We're obviously really upset, because had we known this before we may
not have purchased it.
What are my options? I'm thinking about a small claims case maybe, to
recoup some $? Not sure we want to fully back out of the deal though.
thanks.
chris
 
 
"David W."
12/12/2003 7:03:52 PM


"JW" <not@given.com> wrote in news:D8pCb.8120$T31.2376@news01.roc.ny:
A claim against the seller would depoend how much he mislead you.
Depending on the terms of the contract, he might have had an
obligation to tell you of any change in costs regarding the property.
If the contract doesn't address this though, it was probably your
responsibility to monitor costs while the deal was pending.
What change in cost? The OP stated that the seller had been paying the
higher maintenance fee for some time before the sale.
 
 
wprien@yahoo.com (William Prien)
12/13/2003 11:29:11 AM


..> "chris" <od488gw02@sneakemail.com> wrote in message
news:c452700a.0312121109.362d1088@posting.google.com...
 
 
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