Important Change To The 2017 Community Association Disclosure – Listing Agents Beware
Back in May 2016, I posted an article regarding disputes arising between the buyer and seller in connection with the Community Association Disclosure (“CAD”). The issue that frequently caused problems was that while the seller was filling out the CAD to the best of his or her knowledge, the seller either (1) failed to include all of the relevant fees, charges, etc. on the CAD or (2) was unaware of some of the same (i.e., transfer fee). If the seller failed to include a fee or charge on the CAD, arguably it was not clear whether the buyer or seller was responsible for paying those fees at closing. My advice to the selling agents was to attempt to contact the HOA to confirm the accuracy of the information included in the CAD during the due diligence period.