We purchased a townhome Sept 2013. The seller's disclosure did not include any information regarding the fact the HOA was pursueing a construction defect case against the original builder. We found out about the action within days of moving in. The documentation provide by the HOA included an initial inspection of the development by a firm detailing the contruction defects in the development. That analysis included invasive tesing on the interior of several units including ours. So clearly the seller was aware of the fact the HOA was proceeding with a constructin defect case against the builder for defects that incuding some in our unit. If the HOA is successful in their suit against the builder then potentially we are not harmed. However we are concerned we may need to sell our unit before the case is settled.
If you can prove that the seller had notice of the case then you may have a claim against him or her. But, what are your damages and how will you quanitify your damages before the case is decided or settles?
Based on the sparce facts presented above, your claim against your seller is not great.
Good luck,
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