Home Buying in 98370>Question Details

Want The Hou…, Home Buyer in 98370

false residential detail report

Asked by Want The House, 98370 Fri Jul 31, 2009

After putting 10k ernest $ down apprasal paid and inspection done in the residential agent detail report it shows house as having central air, but after inspection there is no heat pump for central air. is this enforceable to make the seller and their agent pay for this to be installed.? with signed agreement.

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8
I guess you still want the house...? ;)

OK, so why was the appraisal done before the isnpection was finished? With lenders that I work with, that's unusual, as an inspection can sink a deal and lenders don't want to risk the cost of paying for an appraisal without confidence the transaction will complete.

...to be honest, it sounds more like a typo to me - AC Is a check box (unless it's in the description). That's not something an agent or seller would try to bait and switch you with.

You need to seek a lawyerly opinion as there are a bunch of clauses in the various addenda that may work for- or against what you're proposing above. However, I'd first try to negotiate it in first rather than try to run with legal action.

FWIW

I hope that helps!
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1 vote Thank Flag Link Fri Jul 31, 2009
how many days since mutual agreement?
the current standard NWMLS purchase and sales form has a 10 day information verification period for what you're talking about. It's on page 5 paragraph X of form 21.

Also, if you're looking at the Agent residential detail report, ... I'm almost positive at the very bottom it would say something like Presented by so and so ... Lot sizes and square footage are estimates. Information from reliable sources, but not guaranteed.

You and your agent are responsible for verifying all the information provided by the sellers based on that paragraph x.

When you say there's no heat pump for central air...are you talking about the exterior compressor? Also, ... the listing agent could have mistakenly put central air intending to say forced air. I don't know the situation, so I'm speculating ..there are many other possible reasons than the seller's flat out willful intent to lie.
Does the report also say heat pump? In the listing Input forms it has both central air and heat pump as options to click.

I'd have your agent open a dialog with the seller to figure out what they meant by central air. If you challenged this and tried to force them to pay for one, ..they could fall back on the disclaimer at the bottom of the detail report....then you're looking at hiring attorney's to argue this one out.
1 vote Thank Flag Link Fri Jul 31, 2009
I think the best you could hope for is reimbursement for the inspection and appraisal if you backed out of the contract. If you move forward, you could certainly reuest it if you wre within your contengency period. Talk to your Realtor for guiidance.
Web Reference: http://cindihagley.com
1 vote Thank Flag Link Fri Jul 31, 2009
The Hagley G…, Real Estate Pro in Pleasanton, CA
MVP'08
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It is probably unlikely that you can have this installed at the sellers/agents expense. Usually somewhere on the MLS it states that the information is not guaranteed accurate, or something to that effect.

Good Luck!
Web Reference: http://www.abemills.com
0 votes Thank Flag Link Wed Aug 12, 2009
This is a most unfortunate situation.

Most MLS reports have a disclaimer attached that says something to the effect...."Information deemed reliable but not guaranteed. Parties are advised to verify."

This is probably a situatio best referred to an attorney.
0 votes Thank Flag Link Wed Aug 12, 2009
Buyer agent best render an opinion many factors are involved without wrong information provided to you.

Contact an attorney who can review all documents presented and signed

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0 votes Thank Flag Link Tue Aug 11, 2009
That's a tough spot but I think you would have a very difficult expensive time proving that the seller or listing agent "intentionally" committed Fraud or deception on a detail report. As always it was created by a Chain of errors that got missed by many people... Ultimately it is buyer beware and the 10 day inspection period and Information Verification period should have resolved this!! That's exactly what is meant by information verification and if you did sign and Waive the inspection contingency rather than having it waive by time expiration you'd have an even tougher time bringing that to court. Depending on whether you want to proceed with the sale or not makes a huge difference in how it could be handled. If you'd like the home then I'd suggest making a polite negotiation with the Inspector 1, the listing agent 2, and your buyers agent 3- Discuss your dissapointment that these "paid" proffessionals missed this $3,500 oversight and you would like to know why. I"m sure they will understand your dissapointment and want to make amends in some fashion.
Real estate is customer service and having a happy client is the most important corner stone to a successful business. Legally I think you are in the bunker but ethically, proffessionally, you can most likely be compensated- Was it really NOT noted in the inspection report?? How could they not have pointed out the type of heating cooling system?? If it's pointed out and not caught by reading the report ,well.... we all make mistakes- it's how we handle them and communicate our feelings about it that create a good finish!
Good luck and best wishes- I hope the home is terrific besides that.
Mercury
0 votes Thank Flag Link Sat Aug 1, 2009
James Hsu, you are correct it does say (from my agents locator.nwmls.com) says lot sizes and square footage are estimates information from reliable sources, but not guaranteed. Again printed from and presented by my agents office.
BUT the sales flyer from the sale sign box has no disclaimer says heating/cooling "central air" energy source "electric"
Also yes the outside compressor/pump is whats missing there are actual 14 year old couls in the heating cooling unit.
Thanks for all of you opinions. I am an electrician not a home seller or buyer (foreign to me)
0 votes Thank Flag Link Fri Jul 31, 2009
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