Can buyer void contract if HOA violations aren't fixed?
In most cases, the answer is no.
Failure to address HOA violations is typically not a voidable event. Contracts usually require sellers to repair or clear these violations, but if they don’t, Virginia law does not automatically allow the buyer to cancel the deal.
Buyers must work out a solution—whether that means the seller pays for the issue later, accepting the property as-is, or, in some cases, pursuing legal action in court. Most sellers, however, take care of HOA violations without dispute.
If they are not repaired and the seller is clearly violating the agreement, then after closing the buyer has the option to sue them in court for the repairs or for some sort of compensation to take care of it.
The repairs, in the HOA's eyes, must be repaired - they don't care who, but they will care when and how!
*** Has your buyer ever received a property without the HOA defects repaired? Or has a seller ever refused to repair the HOA? Give me the juicy details below.
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Anthony Carr
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Can buyer void contract if HOA violations aren't fixed?
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