I'm not sure abotu NY, but in CA and TX where I am licensed the Seller, Buyer and the Agents get a Preliminary Title Report just after the contract is signed - that's the policy of insurance that covers the sale of the property and any issues such as parking. In that Preliminary Title Report and ultimately in the FINAL Title Policy, the details of what is included in your Deeded property is fully outlined.
Believe it or not I had this EXACT situation in California. One of my agents represented a BUyer on a Condo. Our Agent had been told by the Listing Agent (and it was in the MLS), the property had ONE parking space (this is in Los Angeles where parking is a huge premium). Our agent didn't fully understand the Preliminary Title Report and worse he didn't ask anyone about it. The transaction closed, the new owner started parking in the space he was told by the seller (and our agent). The seller didn't own a car so he never actually used the space while he owned the Condo.
A few days after the new owner moved in and parked in his space, a neighbor broke down the door to his condo and told him to move his car out of the space. (come to find out she was renting a unit in the buidling with that space)
Long story short, when we looked deeper into the Title Policy, NO space was deeded to that unit. The space did belong to another unit.
The new owner (our client) sued the Seller, the Listing Agent, the Listing Broker, the Selling Agent, and our Broker. It took a full year to get it resolved and this was in the midst of the housing meltdown - so not only did he not have a parking space, but the value of the property had also decreased by more than 50%.
The resolution through Mediation and Arbitration, was a cash settlement shared by the Listing Brokerage, Selling Brokerage,and their Errors and Omissions Insurance Carriers.
I am NOT suggesting a lawsuit. But, you need to contact YOUR agent and Broker (hopefully it's not the same agent / broker on both sides) and let them know you are unhappy, the number of spaces was misrepresented in the MLS and they need to contact teh Listing Broker to work something out. Brokerages have insurance for Errors, Omissions & mistakes.
Finally, NEVER depend on the MLS for anything - your contract probably said that in many places. The buyer must verify everything at their own cost prior to closing.
Best of luck and let us know how it turns out.
Broker / Owner & Certified HAFA Specialist
Thom Colby Properties
Newport Beach, CA
Moving Lives Forward (TM)
We NEVER DOUBLE-END a Transaction in our Brokerage. It is never beneficial to the Seller or to the Buyer and it is only beneficial to the Agent.
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