Property Q&A in Lilburn>Question Details

Chris, Other/Just Looking in 30047

Bad data on MLS listing sheet. Who's responsible?

Asked by Chris, 30047 Thu Nov 5, 2009

We bought a house in Georgia a few months ago. The MLS listing sheet stated that the properly was connected to the public sewer. After a few months of living here we noticed that our water bill did not included a charge for the city sewer. A few phone calls later we found out that we have a septic tank.

We never would have purchased the home had we known it had a septic system. Also, we never got the opportunity to have the system inspected or ask the seller how old the system was, when it had last been pumped/serviced etc. This home was a bank owned foreclosure therefore there was no disclosure statement from the seller. However, is the seller responsible for the information on the listing sheet? Does information on a listing sheet count as "disclosure"

We feel that the seller should be responsible for the cost of a full inspection of the system and any maintenance or repairs that may be needed. Any advice would be appreciated.

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Answers

3
How did you miss that?

Bank owned homes are "as is - where is" and it's your responsibility to use your due diligence period wisely. I know of no REO sellers that would even entertain your suggestion of them paying anything, nor should they.

I'd start with your agent and wonder why they braincramped on such an obvious thing. Surely ytou had a home inspector in there and I assume an appraisal.....and I know that you reviewed the tax record of the home - all due diligence items.

If you did it without and agent or without proper research.....responsibility lies in the mirror, not with anyone else. If you did use an agent, you might have failed to do an adequate job of researching them.

This one is on you unless you can show clear negligence or purposeful fraud; "as is-where is" means just that.

Hank
0 votes Thank Flag Link Thu Nov 5, 2009
Dear Homeowner,

I'm sorry to hear about your situation. Buying a foreclosure home has it's positives and negatives.

On the bottom of the MLS listing there is a disclaimer that reads "This information is deemed reliable but not guaranteed."

This home you purchased was banked owned and being sold "as is". My advice to any buyer interested in purchasing a foreclosure home is to have an inspection done beforehand. This way they know in advance what the cost of repairs and any findings will be in the future.
0 votes Thank Flag Link Thu Nov 5, 2009
Good question, Chris. What does your agent say? Information on any listing service you used likely had something similar to the following: "The accuracy of all information, regardless of source, including but not limited to square footage, is deemed reliable but not guaranteed and should be verified through personal inspection by and/or with the appropriate professionals." In this case, I doubt that you have much recourse. You may want to consult an attorney if you think you do.
0 votes Thank Flag Link Thu Nov 5, 2009
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