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Dan H.
#4 All Forums Contributor
  • Investor
  • Poway, CA
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Risk in purchasing condo in HOA named in lawsuit for construction fatality

Dan H.
#4 All Forums Contributor
  • Investor
  • Poway, CA
Posted

I have had a condo complex that I have had an interest in for just over 2 years. I have placed 2 offers, but the HOA fees increased enough that my interest waned a bit,

Recently we saw a unit at a price that I thought warranted further evaluation. So I started to look into it to find out that it has a pending lawsuit. Most pending lawsuits are frivolous or in the scope of a large, well funded HOA not of much consequence. Unfortunately, this is not the case here. The suit is from a construction related fatality. It appears the HOA hired a licensed and insured contractor so you would hope their exposure is limited and that they are party to the lawsuit because in these types of cases everyone remotely involved is listed.

My own belief is if I hire a licensed and insured contractor that I have hired someone the licensing agency has vetted as supposedly knowing what they are doing. What else is expected from the property HOA?

So I was told recently that a mortgage broker states he can get financing on units in this complex.  I have not yet been told if this is at standard financing terms or worse terms to reflect any elevated risks.

My question is should I pursue this purchase and if so at what sort of a discount?   If you recommend against pursuing this, maybe explain why?

Normally I have little fear of lawsuits, but most lawsuits do not involve a fatality.

Thanks for any opinions

  • Dan H.
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