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What is my right of recourse if I purchased a property from the developer and the Community fees were not up to date?

Property Law

Francisco Garcia Ramirez

12th of December 1999

Q. What is my right of recourse if I purchased a property from the developer and the Community fees were not up to date?

Anonymous

    A. If this is the case, you have a clear claim founded on an existing hidden charge. You would not be able to undo the contract since the breach is not on an essential part of the contract, but you can claim the money from the developer together with interest and damages, as appropriate. Also, if the vendor knew there was a charge nd did not disclose it, his liabilities could even be criminal.

    It is nonetheless surprising the developer was not up to date of these payments in the units which have not yet been sold.



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