buyers interview with the board

Started by GalenP • 14 replies • 454 views

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GalenP (Florida)
Posts: 3

Posted:

Recently I had a buyer back out of the purchase of my condo in Florida because in the interview one of the board members made critical comments of my unit. Now I am afraid it will happen again with new offers on my condo and I will never be able to sell it. Can they do this Thank you, Galen

JohnT38 (South Carolina)
Posts: 1,631

Posted:

A little more info on what they criticized would be helpful. Did they criticize aspects of the condo that the HOA maintains?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

While more information is required, I believe a BOD having approval/hearing of a sale is illegal.

GalenP (Florida)
Posts: 3

Posted:

i Have a 100 Gallon fish tank in my condo. During the interview process one of the board members asked if he was going to get rid of it and informed him that the tank had been a nightmare for me for years with overflowing problems. This was a lie. It overflowed two years ago and I had it repaired so that it was impossible for this to happen again. Of course I disclosed this honestly in my sellers disclosure The board member then went on to tell the buyer that i had asked him to help me out with doing some repairs to the condo before I sold it so that the new buyer would have no concerns. He told the buyer that I wanted it done cheaply with just patchwork repairs as I was selling the condo any way. This was also not true. He was upset because I didnt use his guy for the repairs. I found this to be very inappropriate during the interview process and now I am worried he will do the same with all potential buyers and I will never be able to sell it.. Galen

JeffT2 (Iowa)
Posts: 880

Posted:

This sounds like a co-op. Are you sure it is a condominium?

GalenP (Florida)
Posts: 3

Posted:

Definitely a condominium. Hoa board interview with buyer

ChrisE8
Posts: 454

Posted:

Quote:

Posted By GalenP on 12/13/2020 3:32 PM
i Have a 100 Gallon fish tank in my condo. During the interview process one of the board members asked if he was going to get rid of it and informed him that the tank had been a nightmare for me for years with overflowing problems. This was a lie. It overflowed two years ago and I had it repaired so that it was impossible for this to happen again. Of course I disclosed this honestly in my sellers disclosure The board member then went on to tell the buyer that i had asked him to help me out with doing some repairs to the condo before I sold it so that the new buyer would have no concerns. He told the buyer that I wanted it done cheaply with just patchwork repairs as I was selling the condo any way. This was also not true. He was upset because I didnt use his guy for the repairs. I found this to be very inappropriate during the interview process and now I am worried he will do the same with all potential buyers and I will never be able to sell it.. Galen

Not trying to be too lawyerly here, but that board member is a total idiot and is potentially liable for messing up your sale.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By GalenP on 12/13/2020 2:59 PM
Recently I had a buyer back out of the purchase of my condo in Florida because in the interview one of the board members made critical comments of my unit. Now I am afraid it will happen again with new offers on my condo and I will never be able to sell it. Can they do this

By all appearances including what the OP wrote subsequently, this is outrageous. I agree with ChrisE8. I would hire an attorney. If the attorney agreed, I would threaten suit and seek a settlement of several thousand (or more) dollars.

ChrisE8
Posts: 454

Posted:

If the property eventually was sold to someone else, the damages would just be the carrying cost for the property plus expenses incurred in connection with the botched sale plus any reduction in price with respect to the eventual sale. If the property is sold for a higher price there may be no damages, depending on the math.

The owner would need to show proof of what the board member said and proof that it caused the buyer to withdraw despite there being a sales contract in place.

I’d tell the idiot board member to back off or face a lawsuit.

JohnC77 (California)
Posts: 562

Posted:

I have seen in some HOA's, some in Florida where the Board actually approves new owners.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Could hire a lawyer, but unless there was a HUGE difference between the list sales price and the eventual sales price said lawyer would just suck you dry.

GenoS (Florida)
Posts: 4,276

Posted:

I'd consider hiring an attorney to write a letter to the Board letting them know that if anyone on the Board brings up disparaging information about the unit that the owner will consider filing an action for Tortious Interference and an improper Restraint on Alienation. If the board member causing problems really is as petty as described, such a letter will probably get him to stop his nonsense. It will be vital that you know exactly what's being said to prospective buyers.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By GenoS on 12/14/2020 2:08 PM
I'd consider hiring an attorney to write a letter to the Board letting them know that if anyone on the Board brings up disparaging information about the unit that the owner will consider filing an action for Tortious Interference and an improper Restraint on Alienation. If the board member causing problems really is as petty as described, such a letter will probably get him to stop his nonsense. It will be vital that you know exactly what's being said to prospective buyers.

Good idea.

KerryL1 (California)
Posts: 14,550

Posted:

I'nm with Geno. and also with other who say the director is s completely out of line. I doubt FL's condo code permit HOAs to interfere with the sale or alienation of their condo. Yes, we've heard boards can interview buyers. Would this director be trying to chase the buyer away as somehow deemed unsuitable?

I thin k if it were me, plane, I'd get rid of the aquarium. Our condo high rise doesn't permit them in our covenants (CC&Rs).

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