Seller failed to disclose

[Drew Bledsoe]

I recently bought a condo with the intention to rent out but after closing we found out that the HOA doesn't allow rentals. Our realtor knew our intention to rent it out and said we'd be able to. Is there any action I cam take against the seller for not disclosing that information?

[Randy Rodenhouse]

I don't think it is the sellers responsibility to disclose that information since you should have gotten a copy of the HOA bylaws. If they did not give you a copy of the bylaws then that may be a problem. Ultimately it is the buyers responsibility to make sure. Now with respect to the real estate agent, it is pretty unfortunate that the realtor knew what your intention was but did not take the time to find out the rules for that HOA. I think that I would go back and talk to your agent or the agents broker.