Misleading & False MLS Property Details?

Question

I am in the process of buying a house. We did a visit and made an offer. After some negotations, the house is now under contract.
We revisited the property to check on a "Jacuzzi" listed as one of the facilities inbuilt in the property. We could not find any. I contacted the seller's agent, who first said she did not know and will have to ask the sellers. Then she came back saying there is NO jacuzzi, the seller never said there was one and it was a mistake on her (the agent's) part to have listed it. I understand a Spa/Jacuzzi is not a fixture and is a permenent fitting (like other plumbing,etc) which has not to seperately itemized like fixtures to be included in an Agreement of Sale. What should I do to NOT allow the seller and their agent to get away with False and Misleading ads on the MLS ? Has anyone gone through a similar situation, taken for a ride by slimy agents? Is there any site where I can read results of similar situations and their resolution? Thanks for your help.

Answer 1

If you read the MLS at the bottom is typically states that the info contained therein is not warranted nor deemed 100% accurate, and it is your responsibility to check it out and verify. Did you not look before you bought? You stated that you went to the house. I have a hard time believing that you failed to notice no tub jets. You have some responsibility here too. The cost of a Jacuzzi tub over a regular tub is I think about 50% for a garden sized unit. If it was that important to you why did you not ask (before you wrote it up) if the thing even worked? I've sold enough properties that that is one of the first questions asked in regard to master bath rooms with Jacuzzi tubes. A visual inspection when looking at the home would immediately reveal the lack of jets- red flag, not a Jacuzzi tub! Did you really walk thru and look at the house before you contracted it?

While I too agree the info needs to be as accurate as possible, mistakes do happen, but you also have the responsibility to verify the things that are most important to you as factually present like school zones (a real big on one my area and they change annually), hot tubs remain, CHA works ok, etc. Amazing how many times simple things such as directions to the property are wrong, and have sent me off on a wild goose chase seeking something that did not exist.

I understand your anger but again name calling here is no way to win friends nor resolve the issue. You may file a complaint with the board of Realtors and perhaps receive some restitution but not 100% of what you may seek. I presided over a case yrs ago where a guy bought a property thinking it was a corner lot (the listing agent directions took him right to the corner) but it was actually an in-bound lot for sale. The selling agent never went to the property (his buyer said no need to just write it up he'd already been). The guy closed on it, then went to mow it. The real owner lived in the next door lot and he stopped the guy. When he found out he'd bought the wrong lot he of course was not happy, so he filed a case with the board of Realtors. I presided over the case. We ruled based upon the facts of the case:

The listing agent was held responsible for 25% of the problem because his directions took people to the wrong lot. He failed to use reasonable diligence with his location and driving instructions (his sign was also laying on the ground). We also held the selling agent 25% responsible as he should have gone to the lot to verify it as the lot their buyer wanted since he claimed to be their buyer agent (even though he failed to have the required agency agreement signed and in place, and was tagged for that too). We held the buyer 50% responsible as he had an obligation to research the property to make sure it was suitable to his needs, and the correct lot. Further he (the buyer) instructed the selling agent not to bother with going to the site as he had already checked it out, had his builder look at it and it was the lot he wanted. Bad move on the buyers part but the licensee is obligated by law to follow all lawful instructions.

Usually in sale and purchase contracts there is an obligation to the buyer to make inspections of the property to determine the suitiblity of it for the buyers intended use. If teh inspection is waived by the buyer then neither agents nor sellers usually are liable for things that are undiscovered nor obviously visible to the eye either. The licensee has a legal obligation to disclose all known to them any material defects or issues that would negatively impact the property's value or use.

Be sure to look at the facts and see where you stand before you act, there is responsibility enough to go around here. I am compelled to question if the real reason you're "upset" is that you want to end the deal for wome reason or other. If everything else about the home is suitable why let a non-Jacussi tub stop the purchase or sour it at the least? No home is 100% what you want. I bought my home when I went to list it for sale, then remodeled it extensively. Still isn't 100% but it ain't bad either.

You may not, nor do not have to like my answer, it is not an echo of what you probably want to hear, but my answer is based upon factual experience. I hope you overcome the real issue and go on to enjoy the other ammenities that you like about the home and its location.

Answer 2

I see that the real estate agents have hovered together and made a reading of the MLS a requirement for the buyer of the property.

Someone told me that the reason you hired real estate agents was so they would take care of all the legal problems that might come up.

The selling agent failed to take responsibility for the mistake made in typing the form for the MLS.

If it was me I would take the listing agent, selling agent, both of their agenies as well as the seller to the nearest court for misrepresentation of the jacuzzi as well as make a written statement to the board of Realtors in which they belong. Most judges think real estate agents have a fudicial as well as a moral responsibility to their client to over see such items.

What these real estate agents are trying to tell you is that without looking at the garage and one is listed on the MLS is that if you did not look at it and later found out it was converted into an office it is your fault. If the garage was listed you can reasonable believe that a garage is there without looking inside the garage. The same with the jacuzzi, if the jacuzzi is listed without really looking at the jacuzzi, you can reasonable believe that one is there.

Then these same folks want you to pay them 6-8% of the selling price of the property even if they are not the one that obtained the seller. Now I know that the commission is split between the seller and listing agent.

There is a song that says "I can do bad by myself" therefore why should I hire someone and pay them and after finding a mistake they tell me you should have read the small print and oh by the way here is a disclaimer.

The listing agent should have ensured the jacuzzi was there before listing it in the multiples, your selling agent should have caught the mistake before having you sign the contract.

I am sure other agents and their clients looked at this same property yet all failed to see that a jacuzzi was not there even though it was listed in the multiples I am sure many told their clients this property has a jacuzzi.

If you really want the property a seller concession on the price of the property certainly should be considered. A letter to the realtor's board should be sent by you even with the seller's concessions.

I hope this has been of some use to you good luck.

"FIGHT ON"

Answer 3

I am sorry to hear that you are having a hard time with the tub.

Her is my understanding on situations like this. The mls listing invofrmation is deemed what is called "an invitation to treat" or in common english and advertisment, which should be as accurate as possible, but can not in all cased be relied upon.

In cases like this and assuming that you want to move forward with the purchase, and receive some fomr of satisfaction from either the seller and or the agency/agent that has the listing, and even your own agent/agency, as they are suppose to act on your behalf and point out issues that of any concern.

The way a judge would most liekly deal with this is ask the obvious question, could you with reasonable inspection have found out this issue before you entered into a contract, which seem in this case fairly easy. The judge would then say sorry but there is such a thing as "Caveat Emptor" which means in English "let the buyer beware" and puts the onus on the buyer to make sure that they are getting what the expect from their actions.

Now if you can proof that was a deliberate and fraudulent misrepresentation, meaning there was intent by the agent/agency and or the seller to mislead you, versus an honest mistake in data entry. You may have some remidy agains the seller, their agent and possibly the agency.

Now the funny thing is that you may have an valid claim against your own agent/agency as they are to act in your best interest, and should have been aware how important this tub is too you
and should have pointed out prior to entering into the contract that this tub was not a jacuzzi, and to have some referrence to the tub included into the offer when the offer was made.

Once everything is said and done, you need legal advise, if you want to pursue the issue, as there may be a number of variables that are not obvious at this time that can change the out come and liabilities.

Keep in mind that sometimes the solution is more expensive than the problem is worth, both emotionally and or financially.

Good Luck

Answer 4

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Answer 5

Well you did visit the house. If your offer was a good one, they may make a reduction. How much more is a tup with a Jacuzzi? DoO you really want out of the deal? Squeeze a little, maybe the agent will reduce the fee a bit and let the seller kick a few thou to you.

Answer 6

I don't think you should make a big deal on it. It's a JACUZZI. Not a missing kitchen. If a jacuzzi is going to get you out of the deal, you shouldn't be looking at houses. If it was in the written contract that was going to be a part of the house, thats another story.

Answer 7

Advertising issues are really funky when it comes to agents that are not careful in what they say in those advertisements including the MLS. Nothing is guaranteed and if you try to read the disclaimers, you'll go blind.
The key to your claim, if any, is to see if the jacuzzi and or any connections to a jacuzzi, was mentioned in the original purchase agreement; if it was, then buy some grapes, cheese and wine because you are supposed, by contract, to have what was contracted to be delivered as part of the realty and personalty.

Answer 8

If the Jacuzzi was listed in writing on the contract,you should have the option for not going through with it..contact a lawyer about this.

Answer 9

Maybe there were Jaccuzi ports on one of the tubs - upstairs or in the basement? Did you look carefully for ports in the bathtub?

Otherwise, the contract is null and void because you both ratified a contract based on mistaken information from the seller. Ask the seller to kick in $5,000 towards closing costs because of this omission. Ask for the seller's agent to concede 1% of her commission for blatantly believing what her clients tell her.

Answer 10

What you should definately pay attention too is the Transfer Disclosure Statement (TDS) and not whats written in the MLS as sometimes errors can be made. The TDS is filled out by the seller(s) and states what the property has.