Home Buying in Suffolk>Question Details

redcherokees…, Both Buyer and Seller in Suffolk, VA

if a listing states that there is a deck, and one is not built by closing. who is responsible for the deck the new owner or seller?

Asked by redcherokeesquaw, Suffolk, VA Mon Dec 17, 2012

my problem: a new custom home and every listing on the internet states there is a deck and now the owner says that was a mistake. do I have a legitimate concern?

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6
From the way your question is worded, it is unclear as to whether you signed a purchase contract on a property that stipulates a deck is included, and now you find out it isn't..........or, if you are just looking and found a property with incorrect listing info. I'm assuming that if you entered into a contract for a property, you'd know whether it had a deck or not......because you surely would have visited/toured it first?

If the listing information states there is a deck, but when you call the owner....they say that it doesn't -then it's just a mistake on the owner's/listing agent's part. Misinformation in the listing doesn't "obligate" them to build a deck as a result. It would be a good idea to update the information so as not to misrepresent the property, however.

If you bought a custom home promising a deck, you signed a contract with that stipulated, and now the builder is saying that you won't be getting a deck........then yes, you'd have a concern.

If the home is already built, then the easiest way to confirm either way is to simply visit the property and see for yourself.
0 votes Thank Flag Link Mon Dec 17, 2012
this is a legal question and you should consult with an attorney on what your rights are. I can refer you to several lawyers that I know who practice real estate law. Call me if you would like a referral.

John
0 votes Thank Flag Link Mon Dec 17, 2012
First, I would discuss the situation with your real estate agent, hopefully, it's a REALTOR involved. If the listing said a deck was included, was it also addressed in the contract? was there any verbal representation about the deck? Was there any representation about it being omitted from the sale?

If it is clear a deck was "supposed" to be there, then you may want to discuss the matter with the real extate attorney handling the transaction and ask them for advice. Hopefully, the agents or agents involved will be able to solve the issue with the Seller. Good luck.
0 votes Thank Flag Link Mon Dec 17, 2012
Under these circumstances, if the listing states there is a deck, a reasonable position for you would be, "no deck...no closing!"

Bill
0 votes Thank Flag Link Mon Dec 17, 2012
If the advertising clearly states there is a deck on the property, the seller is responsible for placing a deck. Contact your agent, they should be able to assist you even after the sale.
0 votes Thank Flag Link Mon Dec 17, 2012
You can sue.
You can negotiate.
You can walk away.
What does your Realtor say?

Are you considering an OFFER?
Are you under CONTRACT?
Have you CLOSED ESCROW?
Surely, you haven't bought the place without looking.
What does your Realtor say?
0 votes Thank Flag Link Mon Dec 17, 2012
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