Although fees for document disclosures may seem too high, the time and effort to litigate may not be worth it.
Continue Reading Fee Limits for Statutory Mandated Documents – How Much Can the Association Charge?
An AS IS exculpatory clause in a contract does not automatically relieve a party of any liability, especially where that party committed fraud to obtain the exculpatory clause.
In both of the cases referenced below, the defendant included an as-is clause in a real estate contract. In Frianco the bank defendant (after discovering that the property that it had foreclosed on had significant water damage, and after paying to have those damages repaired) advised the purchaser of property in the offer contract that “it had little or no direct knowledge as to the condition of the property.” Similarly in Herhold, the defendant first represented to the buyers that they would be able to build a home on property they were selling, despite knowing of significant issues that would make that difficult or impossible. The defendant then included an “AS IS” clause in the real estate purchase agreement that also stated that “neither Seller, Broker nor Agent have made any representation or warranties…”
Continue Reading AS-IS Clause Does Not Foreclose a Fraud Claim
When association documents require funds from owners to be applied in a certain order, can a unit owner alter how the funds are applied by writing in the memo portion of a check that it is for the monthly assessment only? The Answer, at least in this Ohio case, is “No.”
Continue Reading Court Upholds Association Decision to Return Checks Containing Restrictive Language