As a former realtor, what was your credit score at the time you signed the mortgage documents? If your interest rate is 4.75%, I know lenders charge additional fees and/or a higher interest rate to buyers with low FICO credit scores, little savings or any previous credit problems. This is a way of lowering the lender's risk and "punishing" the buyer because they want to move forward and buy a home.
Buyers with high credit scores, savings and no past credit issues are always offered the lowest interest rates and no additional fees.
This is why I told buyers to wait, improve their credit first then buy a home.... more
P: it sounds as though you have not closed yet? I would definitely consult your agent regarding the specifics of your contractual agreement (who may feel that you need the advice of a real estate attorney). I agree that obviously you have gone this far with the knowledge that the condo is, in fact, a studio and not a true 1-BR and assume you negotiated your sales price based on that knowledge. You do have a legitimate complaint regarding the validity of the claimed tax exemption and especially if you've not yet closed, you could have some recourse if this is a "deal-killer" for you. You say you still like the condo, so I would consider that first and foremost. All the best...
Janeese Jackson, Principal Broker
Real Estate Resource
You would have a tough time arguing the one bedroom vs studio point since it should have been obvious that it was a studio when you (presumably) viewed the property before putting an offer in. Any argument on false advertising regarding that point would be pretty flimsy. The tax issue, though, might be another story. Being a positive person, my gues is that the seller made a mistake with the tax abatement issue and didn't intentionally mislead you. That might not be the case. Proving that a seller TRIED to mislead can be tricky.
I will echo the other posts in telling you that your best bet is to seek the advice of an attorney.... more