Real estate agent's misleading information leads to bad buy

Q. My sister, brother-in-law and I purchased a beach house in North Myrtle Beach, S.C., last September from a developer represented by an agent. We informed the agent we wanted an investment we could sell for a profit. The problem is the property was misrepresented to us; the agent told us all the units in this development were reserved with deposits. This turned out to be untrue.

We are now stuck trying to sell this property for $20,000 less than we paid for it. This purchase started in July 2005 when we reserved the unit. We are considering suing the agent for purposely misleading us so she could collect her commission.

A. Real estate licensing laws are very clear about statements made by real estate agents to housing consumers. Misrepresentation of the physical condition of the property by an agent is an unlawful practice. Similarly, misrepresentation to induce a party to enter into a real estate transaction is also prohibited. Based on your brief letter and assuming that you have documentation supporting your case, you should consult an attorney.

Q. My daughter and I are co-owners of a condo in Lake Forest, Calif. She has resided in the condo for about five years. Her condo has a flat roof, which is very vulnerable to flooding during the rainy season if debris is not cleared off before the rains. For the past two years, the management company has been negligent in inspecting and clearing the roof of debris during the rainy season. This has resulted in flooding and damage to the interior of the condo each of the past two years, to the extent that she has lost the use of her bedroom each time.

The bedroom was damaged in December 2007 and she still does not have use of it because of the way the management company is handling the repairs. They will not pay for alternative housing during repairs. They have also been lax with regard to other repairs to her condo. She has written e-mails and complained at association meetings to no avail. What action can we take to get the management company and the association to be more responsive to our problems? I have consulted a few lawyers but they are not interested because the monetary rewards are probably too small.

A. Unfortunately, the quality of property management is a function of the integrity of your homeowner's association board and the management company. It is important to document the problems that you are having with the repairs. In addition to photographs, costs and chronological records, be sure to provide information on your problems and the lack of responsiveness in making the repairs at your HOA board meetings.

If information about your complaints and the long delays in repairing the problems is presented in an executive session of the HOA board, it is not a matter of public record.

In fact, meeting minutes for an executive session of a HOA board will likely have to be obtained through a court order. If other residents are having similar problems, you need to work together to get HOA board action.

You should explore suing your HOA in small claims court based on the percentage of space lost in relation to your monthly costs. It would be wise to discuss this approach with an attorney knowledgeable about common interest community law. You should contact your local bar association and obtain information about their attorney referral program. For a small fee, an attorney knowledgeable about the homeowner association disputes will discuss your case.