california real-estate hoa
Is failure to disclose the bullying and offensive Tenancy In Common president basis to annul the real estate sale?
<p>My relative bought a condo which is under Tenancy In Common arrangement.</p>

<p>During the first week it became apparent that it has (a probably psychopathic) individual who is a president. He is bullying, putting out various demands, knocks on the door of tenants, etc.</p>

<p>While talking to neighbors, it also became clear that this president was in constant conflict with the previous owner of that condo too.</p>

<p>The other owners, only 2 of them, are either elderly, or rent to others, and effectively don't care.</p>

<p>I am trying to find a solution for my close relative, because he is not as resourceful, and I am going through various ideas as of how to resolve this unhealthy situation.</p>

<p>One question I have is: <strong>Is failure to disclose a bully as a president of Tenancy In Common, and a string of conflicts that was occurring at this complex for years a valid grounds for sale annulment?</strong></p>

<p>The second question: <strong>What is the best solution in such situation?</strong> I am thinking <em>to demand dissolution of TIC</em> and going to independent ownership (I don't really understand why/how TIC is beneficial in the first place if people are completely unrelated.) Another possible way is <em>to get a restraining order against that other owner</em>, because his actions amount to bullying IMO.</p>

<p>Location: California</p>

<p>You don't state where the property is located which would determine the governing law, but that said, under common law principles, I can't think of any jurisdiction where this would be grounds for annulling the sale.</p>

<p>The general rule in a sale of real estate is caveat emptor. There is a duty to disclose latent physical defects that could not be discovered with a reasonable inspection that are known to the seller, and there is a duty to provide the information required expressly by the purchase and sale contract. But, the character of your co-owners is almost never within either category.</p>
