Home Buying in 02021>Question Details

msnyder9, Home Buyer in Broadalbin, NY

I need to know what recourse i have for an Agent who misrepresented the annual taxes on a home by $1500.00.

Asked by msnyder9, Broadalbin, NY Sun Jul 7, 2013

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If you can't afford it and your financing falls through if you have a mortgage cont. you should be able to get your deposit back.
0 votes Thank Flag Link Tue Jul 9, 2013
You didn't mention in what capacity the "agent" is functioning in the transaction. Hopefully you are working with an attorney to at least represent your interests. An attorney will be best qualified to answer your question and options available to you. You didn't mention if you engaged the services of a buyers agent either. There may be options available and from reading below you can see some of the types of language that can be worked into an offer or steps to take or could have been taken.

Let us know how you make out & assist other people with similar questions and what path/consequences can be

Best Wishes,
0 votes Thank Flag Link Mon Jul 8, 2013
Did you ask the selling agent where he/she received the information? Many are auto populated from the town field cards, is it possible this is a new rate for 2013 and the rate listed was for 2012? It is something a list agent should be cross referencing when it auto populates of course, but it should have been a red flag if these taxes were significantly lower than others in the area.

Regardless, since it sounds like you had concerns about it from the beginning and were requesting the bills because of that, you may have wanted to put the offer in 'contingent on proof of taxes being $3200 a year' or something similar. Since you didn't and it sounds like you may want out of this contract, talk to your buyers agent and your real estate attorney who can guide you.
0 votes Thank Flag Link Sun Jul 7, 2013
You should have contacted the Town/ city. Taxes do change from year to year and the best way to find out the information was to go to the town/city. That way you would have had an accurate assesment on the property BEFORE you made the Offer to Purchase.I always add in my listing that the Buyer or His/her agent all information prior to signing any contrat to purchase. As I said before ,Things change all the time. Had you done a little investgating on your own. You would not be in this mess. Sorry
0 votes Thank Flag Link Sun Jul 7, 2013
I did do investigating on my own, I have a buyers agent who was in charge of getting the information for me. This is my first home and I didn't know I could call the town and get the tax information. When I questioned the sellers agent she assured me the taxes were accurate as of April of this year. Which I have documented. Had either real estate agent told me I should call and get that info on my own I would have. Now I know to skip the agent next time and do the work my self . My agent makes a decent commission ,she should have offered to split the work and the pay with me.
Flag Mon Jul 8, 2013
Talk to the MLS board. Most cities and towns have the tax information posted or you can just call the assessor or treasurer.
0 votes Thank Flag Link Sun Jul 7, 2013
I am adding adtl info here. the taxes were stated on the sellers full lsiting , left by the sellers agent in the home. It stated that the taxes were 3200 annually w/out star , which would be a savings of $640.00. The day I made the offer, i asked the sellers agent for the tax bills. No tax bills came. a week alter upon my mortgage processing I asked again, i was told they were 3200 and she didnt have access to the copies .They were accurate as of 4-13 this year. I allowed for 3300 on my loan paperwork to be safe. I asked again to have the copies becuase i was going to formally sign off on the loan i wanted the info to be correct , payment , escrow etc. Still no answear from sellers agent. Finally one day before I am needing to bring all my paperwork in and sign the application she sends me a copy of the tax bill and its is 1500.00 more than what her website listed, full listing page etc. to me that is misrepresentation. I was floored. I have all my emails and her emails back to me stating those were accurate numbers as well as copies of her listing. I am under contract now and stuck.
0 votes Thank Flag Link Sun Jul 7, 2013
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