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Condos Can Be Sold Despite Litigation

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In his “Real Estate Q&A;” column of Oct. 12, Robert J. Bruss responded to a condo owner whose association is involved in construction defect litigation and who is having difficulty selling (“Condo Association Tiffs Can Turn Into Resale Snags”) by suggesting a lease option.

Here is an alternative:

As a real estate attorney, I am mindful of the difficulties encountered with various lenders who are concerned about lending on a property involved in construction defect litigation.

I regularly assist owners in escrow by providing addenda to transfer disclosure statements to explain the defects involved, the status of the litigation and the potential impact upon the association.

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More often than not, I find that as long as the lender is reassured about the condition of the property and the status of the litigation, loans get funded and escrows do close on condo units in litigation.

MATT D. OBER

Los Angeles

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