While living in another state, I purchased a condo and found out afterward that the property has been under litigation for over 8 years. Isn't this the responsibility of the title search company to find out? This was never disclosed to me. I've spoken to two different lawyers that said to contact the title insurance company. The seller, on the disclosure, stated "NO" to any judgements, liens, lawsuits, etc. the listing agent never mentioned it, the selling agent (mine) never disclosed it as well as the law firm that handled my closing. I am filing complaints to the Coastal Carolinas Association of Realtors and the SC Real Estate Commission and from what I understand, all they can do is slap their wrists, so to speak, and possibly fine them. However it will be the word of the real estate brokers/agents against mine in this case and it still doesn't compensate me for the wrong they have done to me.

I feel I have been bamboozled and not sure who to trust at this point to get a straight answer. I was told by the title company to send them a copy of the title insurance and state what the issues are. This litigation is referring to major expenses with the entire community of buildings and once repairs get made, permanent residents will have to vacate and live elsewhere until the work is complete. Of course, should we lose this case, it will be out of pocket. I relocated due to health issues and now live in a condo that I had planned to eventually sell. It's my understanding that the only way I would be able to sell this property is if I had a cash buyer, given the current situation.

I've been getting all sorts of advice and now I'm not sure whom I can trust. I'd appreciate any input I can get on this. Shouldn't the title company be held liable for this without me having to spend thousands on a lawyer? I want to exhaust every avenue I can before I file a complaint, write a letter, send documentation or speak with anyone. I do intend to personally visit the law offices that are working on this litigation and inquire if the previous was aware of this (which I do believe she was). I'm hoping they will be able to disclose that to me, since nothing else has been.

I feel I've really been screwed.

If the property is the subject of litigation then the only way the title search would have shown that is if the plaintiff filed a lis pendens on the property or if a judgment had already been obtained against the condo association.

However if the litigation was already under way at the time you contracted to buy then the prior owner should have been aware.

First file a claim with your title insurance company. If they try to deny coverage then you should file a lawsuit against everyone--the prior owner, the realtor and the title company.

Was there a lien ? Or anything on the deed ?

Did you buy title insurance

As Lisa said, unless a lis pendens was filed, the litigation would not have shown up in a title search. However, the owner signed a statement that there was no litigation. So that would make him liable. Unless, the litigation is against the developers or the HOA instead of individual properties.