Is failure to disclose the bullying and offensive Tenancy In Common president basis to annul the real estate sale?

Question

My relative bought a condo which is under Tenancy In Common arrangement.

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.

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

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

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.

One question I have is: 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?

The second question: What is the best solution in such situation? I am thinking to demand dissolution of TIC 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 to get a restraining order against that other owner, because his actions amount to bullying IMO.

Location: California

Answer 1

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.

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.