COLUMN: Barbara Holland

Q. I recently purchased a home within an association that is gated. The seller was ordered to re-stucco and paint the outside of the home. She refused and said she'd move and sell the home before going to that kind of expense.

She listed the property with a Realtor and sold it to me without any mention of the order by the association.

Since the seller is responsible to disclose any major problem and failed to do so, is my recourse against the seller or is the listing agent also responsible to notify the buyer's agent?

As the new owner, I haven't been notified to comply with the previous order.

A. The responsibility to disclose falls specifically upon the seller by law, not the agent. A real estate licensee may be liable if the seller disclosed and the licensee failed to disclose to the buyer.

Check the closing documents from your sale. You should have a copy of the seller's disclosure statement. If the stucco work is missing, you then have the documentation you need to talk to an attorney to assist you.

The law may allow you to sue for the cost to repair and the monetary penalty for nondisclosure and the legal cost. The problem is if the seller does not cooperate, you will have to take them to court.

Another problem lies with the association. It may fine you for noncompliance, assuming it does not allow you more time to correct the stucco.

Check whether or not the association disclosed the need for repairs with their required disclosure statement. If not, that may buy you some time to make repairs.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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