Skip to main content

Fraud by seller in Statement of Property Condition

I bought a condo from one of the trustees of the condo assoc. This trustee failed to disclose a window or wall leakage problem under this specific question of water damage. In addition this trustee failed to disclose construction done under the specific question of construction. A year and a half after purchasing the condo I discovered a serious leak problem on this outside wall and I found out that a condo assoc. insurance claim had been filed to fix the problem but the trustee owner instead used the money for renovation elsewhere. Another trustee (a buddy of the previous owner) downstairs had insisted that my unit's owner repair and replace the window that was the cause of the damage, but his fellow trustee refused. The trustee owner refused to to comply with the condo docs about maintenance of his property. This leak had damaged the trustee's condo below with a ceiling leak and he also acquired condo insurance money to repair his ceilings. After my discovery of this wall damage the trustee below threatened to sue me if the window wasn't taken out . He also threatened to send a letter regarding my responsibility as a condo owner to repair the wall and replace the window if I did not promise to replace the window. When I told him that the previous trustee owner had not properly maintained his property according to condo docs he stated that it is my problem now. Neither trustee complied with the condo docs and no letter was issued to the previous owner trustee. This outside wall reconstruction for water damage was deemed "old damage" by my homeowner's insurance co. who would not cover it at all. The condo assoc. insurance had a damage limit of 10k, so I did not get repair money from them. My repair bill is close to 6K and has resulted in a hardship for me. Is there grounds to sue the previous owner for perjury? In addition, because of the trustee's failure to enforce the condo docs, I am left paying for their misdeed. Can include this failure to comply when I sue?

Editor's Response

I would contact a MA real estate attorney in your area and ask him or her to write a demand letter to the previous owner.   If he made misrepresentations to you to induce you to purchase the unit (whether he made those statement orally or in his Seller's Statement of Property Condition), that is fraud (not perjury) and is actionable.  Usually, a well-written letter will be enough to get sellers to fork over the money.  If not, your attorney can advice you about whether it is worth pursuing the matter in court.  Your attorney will also be able to sort through the issues related to the trustees actions and determine how to proceed on that front.  Good luck.

Talk to a Lawyer Today
Find a Real Estate Attorney in your County
Most offer FREE Consultations

Recent Posts about Massachusetts Laws

ForumLast post
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
2/8/2012 11:00
by Alexm2012
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
2/8/2012 09:09
by Munsterwoman
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
2/7/2012 23:02
by gramy
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
2/7/2012 08:18
by Adam13
Hi everybody. I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
2/6/2012 13:50
by ilya980
I've been helping a friend pay for a lawyer to go to probate court. Her ex-Boyfriend, whom she is taking to c....
2/6/2012 12:21
by rbiddle
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so.  In terms of civil liability (as opposed to cri....
2/3/2012 07:17
by Coller
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
2/2/2012 18:50
by JGraul
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
2/2/2012 08:07
by Sister6
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
1/24/2012 11:47
by RRM
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
10/2/2011 18:37
by Anonymous