title company liability?

[broncos730]

I had originally posted this in the legal section of the forum. I thought maybe here would be a better place:

I just bought a second hand home a few weeks ago. On my HUD statement there was no mention of a $350 "startup fee" that the HOA is asking for. They provided this info to the title company well prior to my closing but it was never disclosed to me or included in my closing costs.

My question is this - Are they (or the buyer) liable to pay this money? If it was needed and not disclosed to me am I legally obliged to pay it or are they?

[Jim Erickson]

When purchasing a home in a HOA, you should have had opportunity to review HOA documentation which includes the bylaws, rules and regulations, articles of incorporation, etc. It would also include the resale disclosure statement which would itemize any assessments or charges for that particular home that you are purchasing.

You also should have had the opportunity to review the HUD statement a few days prior to close and red flagged this charge at that time.

The title company really does not have any responsibility over what charges and/or payouts lenders, local governing entities, HOA's, etc bring to the closing table.