Legal Question in Real Estate Law in Texas

Purchased a new town home in Houston Texas in cash in May of 2016. Title company/ REA disclosed that there was an HOA for the neighborhood, and provided the normal HUD statements of expense and CCR's and bi-laws. Now, several months after purchasing the property we have been notified by a separate HOA that was not outlined in any of the closing documents. The monthly payments are significant. Note that in the seller's disclosure there was a box checked for HOA/ other property assessments. The seller marked yes, but it was not clearly defined that there were two set's of HOA's/ monthly assessments. However we do not believe the seller was negligent in withholding this information.

Note that the town home was purchased as an investment, and there is currently a tenant in the home so we would prefer not to seek rescission due to the legal complications associated with having a signed lease. However we are curious if we can seek legal recourse to cover some of the cost that the additional HOA will incur the property, whether from the REA or title company.

Asked on 7/29/16, 1:20 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

You might have a claim against the tittle company IF the HOA docs were not disclosed in the title commitment/policy.

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Answered on 7/29/16, 3:40 pm

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