If the listing states new kitchen, can the kitchen have an old stove and old cracked light fixture?

Stacey
Home Buyer
Bronxville, NY

Answers (3)
Rey Hollingswor...
Broker
Mount Vernon, NY

New means something different to everyone. It is supposed to mean never been used, but that does not guarantee that it will be free from damage. As was said, once you sign contracts the deal is locked. No one will change anything. Your only recourse is if the seller submitted a property condition disclosure statement with language about the kitchen in it.

Most owners do not, which is why most buyers have the properties inspected. You and your inspector have to catch everything before you sign contracts. If you need an inspector...AskRey.


Rey Hollingsworth Falu
Licensed Associate Real Estate Broker
Houlihan Lawrence - Bronxville

Direct 917-855-0277
rhollingsworth@houlihanlawrence.com

Web Reference: http://AskRey.net
Mon Oct 5 2009, 09:11
Patty Breen
Agent
Bronxville, NY

I would think that you would have looked at the home prior to purchasing it. It would have been discovered the light fixture was damaged. IT should have been discussed before the contract was signed. The same with the stove. IF it is not what was there when you first looked a home or it was not new you should have brought the issue up at inspection time or at walk thru if stove had been switched out.
After closing you really do not have much to go back on.

Sun Oct 4 2009, 07:46
Keith Sorem
Agent
Glendale, CA
FIRST ANSWER

Stacey
There are probably a couple of things to consider here:

What does your Realtor say? If you don't have one, you should.

In legalese, the verbiage in a listing should be accurate. If the word "new" appears, technically that means that the kitchen should never have been used before. However, many agents do not have extensive education and use words that could get them and their seller into trouble.

Perfect condition
Walking distance
Immaculate
Total Remodel

Just a few phrases that can cause problems.

Getting back to your question, you could certainly buy the property, then sue the owner and agent for mis-representing the condition. However, truthfully you may just have to realize that there are agents that thing they are "promoting" the property, sometimes called "puffing", when in fact "newer kitchen" might be a more accurate descriptor.
Hope this is helpful.

Sat Oct 3 2009, 19:28

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