Listing Agent Missed Capital Fee on the HOA Disclosure

[Elaine E.]

We are under contract, but the listing agent did not disclose the Working Capital Fee in the HOA Disclosure. The cost is $851. Can we hold them responsible? This is one of several mis-represented or negligent disclosures throughout the homebuying process (Roof and water heater were listed as 10 years newer than they actually were, and the house had undisclosed polybutylene pipes). We're already past inspection, appraisal, etc and 2 weeks from closing.