Annamal00, Home Buyer in Melrose, MA

Seller/Realtor misrepresentation in person and in MLS-Massachusetts

Asked by Annamal00, Melrose, MA Wed Sep 28, 2011

went to open house. asked sellers agent about the fenced in yard. he told us it will be a common area split among the 3 units (3 units in complex). MLS listing showed yard in photos. When we get the P S, the sellers agent calls our broker to vagueley discuss "THE BACKYARD". states its on 2 lots, but seller is deeding lot to condo assoc. NOTHING of this is mentioned in P S(or ever before). our lawyer calls seller lawyer who states seller DOES NOT OWN YARD!! reviewing deeds shows P S was only conveying building, nothing behind it. we spent 400 on inspection and 500 on plumber to get this sale to go through, based on false and misleading practice. can we get our $$ back. i sent a demand letter. havent heard back.

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Also, the lot containing the yard is assessed at almost 30k, so it greatly changes the value if the property as well, split among only 3 units.
0 votes Thank Flag Link Fri Oct 7, 2011
We pulled the deeds to the lot containing the yard 4 names appear, not the seller. However the sellers lawyer said she does not own it. When sellers agent first told us of this on day of p and s he said she would deed it(meaning some unknown time in future) ti the condo assoc.When sellers attorney was questioned by ours the sellers attorney stated seller did not own the yard, and therefore would not be able to deed it.
0 votes Thank Flag Link Fri Oct 7, 2011
We pulled the deeds to the lot containing the yard 4 names appear, not the seller. However the sellers lawyer said she does not own it. When sellers agent first told us of this on day of p and s he said she would deed it(meaning some unknown time in future) ti the condo assoc.When sellers attorney was questioned by ours the sellers attorney stated seller did not own the yard, and therefore would not be able to deed it.
0 votes Thank Flag Link Fri Oct 7, 2011
I am wondering how this turned out. I hope your legal rep was able to help you get it resolved.
0 votes Thank Flag Link Fri Oct 7, 2011
who owns said "common land"? Is it in fact being deeded to the association?
0 votes Thank Flag Link Thu Oct 6, 2011
who owns said "common land"? Is it in fact being deeded to the association?
0 votes Thank Flag Link Thu Oct 6, 2011
Yes, My question states that the agent told us(after negotiating this property for over 2 mon) the yard

would later be deeded to us. I then say that the sellers own laywer advised our attorney that the seller does NOT own the backyard. She cannot deed an association something she has no ownership of. Therefore it is misleading of an
agent to show picture of a yard, and when asked state that it will be a common area, when it is not owned by the seller. It would be as if i lived next to land owned by the state, and i fence it in and say it is the backyard to my house, and market the property to an individual stating that isthe case. In response about having an attorney: consulting an attorney can be costly, which is why in MA 93a consumer protection laws exist, so that an individual can begin proceedings and hopefully a settlement at no cost to themselves or fellow taxpayers. I appreciate your viewing and replying to these posts thanks again
0 votes Thank Flag Link Thu Oct 6, 2011
Your ? says Seller is deeding lot to assoc. Is it being deeded to the assoc? Many deeds are often filed simeltaneous.
0 votes Thank Flag Link Thu Oct 6, 2011
Thankyou- but Maybe youre not reading correctly. The seller did not own the yard- at all. Neither does the assoc. An unknown 3rd party does. Therefor the realtor and seller were presenting and posting picture of something that would never be conveyed, that they have no ownership of at. It would be no different than me taking pictures of my neighbors pool and saying it is being sold with my house
0 votes Thank Flag Link Thu Oct 6, 2011
Thankyou- but Maybe youre not reading correctly. The seller did not own the yard- at all. Neither does the assoc. An unknown 3rd party does. Therefor the realtor and seller were presenting and posting picture of something that would never be conveyed, that they have no ownership of at. It would be no different than me taking pictures of my neighbors pool and saying it is being sold with my house
0 votes Thank Flag Link Thu Oct 6, 2011
when you are buying a condo that is how it is done. There was no misrepresentation. Common means you get shared use of the yard just like any other condo therefore having photos of it is appropriate. You are part of an assoc that owns the yard and therefore have use of that yard. It seems there was no misrepresentation here so I would consult your with your Attorney not an open forum.
0 votes Thank Flag Link Thu Oct 6, 2011
Yes I see what you mean, and thank you for answering. It did appear in condo docs that the yard would be held as common area, along with rules, etc. .

However, in this instance, the seller DOES NOT OWN the backyard at all. So to advertise it, and when asked state how it will be shared seems deliberatley misleading.

thanks again
0 votes Thank Flag Link Wed Sep 28, 2011
It seems that you are working with your attorney and this is best handled by legal professionals, so listen to your attorney's advice.

When I hear "common area split among 3 units", it means the area is not deeded to the individual owners but is held "in common" by the association. However, it is quite common that there may be a policy of "exclusive use" to the owners, but that would be spelt out in the Condo docs.
0 votes Thank Flag Link Wed Sep 28, 2011
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