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What do you do if you are buying a house and find out information that was provided on the MLS sheet is false?
Hi there,
I am in the process of buying a house. I just found out that information the seller provided on the MLS sheet is false. They had some installations/updates done and "advertised" that they were done in 2007, and now are saying "Oh no, they were done in 2000." Alot of my decisions were based upon these dates. We are out of the option period. Is there anything that can be done? (Besides walking away and losing our earnest money).
Does withdrawing an offer mean stepping out of the contract? There is a possibility they might have a backup offer.
The decision to buy the house was not based on the MLS listing, but she provided information referring to the MLS listing date, which was false. This particular information could not have been verified by our general inspector... and yeah we had one... as well as several other inspectors.
er, referring to the date on the MLS, not the MLS listing date
7 Answers
- Expert8675309Lv 71 decade agoFavorite Answer
I would see a real estate attorney and tell them point blank:
This is what you advertised, NOW you say it's false.
Now I want my money back and move on.
The dates that the improvements were made cannot be verified by a 3rd source all the time because most municipalities do not require building permits to be taken out if the repairs are under a certain dollar amount.
I seriously doubt that they will stonewall you. I have a feeling that you will get your check back in a skinny minute.
BE SURE you get a COPY of the MLS listing before you say anything and keep it like gold. It will also be helpful to see if there are any old permits on record so you can further prove that they lied to you....but the BURDEN OF PROOF is on the seller's to provide YOU evidence that they did the repairs in 2007.
You are in the driver's seat on this one.
PS: Posters that say the MLS isn't important are very incorrect. If a material fact (such as zoning) is wrong in the MLS listing, then the sellers are NOT responsible b/c this is easily verified by a 3rd party. It is also not a typographical error.
However, this is a case of WILLFUL MISREPRESENTATION, and that, my fellow posters, is against the law.
The MLS "disclosure" and the MLS agreement we Realtors have when we join the MLS, are made very, very clear of that fact...you CAN be sued if you deliberately misrepresent.
- 1 decade ago
If you want the house buy the house, if not then dont. If the problems you see need to be corrected you can request that,but likely they wont do it and would take another offer on the house. Discuss the things in detail with the listing agent and see where it goes. Likely it'll come down to my first statement either buy or not. The MLS listings dont have to be accurate its an overview to sell the house. Thats why they put it in there that not all information is guarenteed.
Source(s): Bought my house at 19...had the same thing with the age of a fence...lol which wasnt relevant in my decision to buy at all. - RalfcoderLv 71 decade ago
If it's a minor detail that won't affect the value of the house, I wouldn't worry too much about it. If it makes a big difference, talk to a real estate attorney. If you can show that they mis-represented the details, you may be able to get out of the contract - or renegotiate a lower purchase price.
- estielmoLv 71 decade ago
Decisions should NEVER be based on the MLS listing. Didn't you see the fine print telling not to do that?
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- Danny KLv 51 decade ago
Whatever you want. You are in a position of power. You withdraw offer and offer less. That is what I would do.
You will not lose money...They are responsible for the earnst money cause they lied.
- 1 decade ago
ok! 1st thing 1st - do you still want the house?
if yes, then just live with it. unfortunately everyone lies.
if no, then contact your lawyer immediately
OR do you still want the house but at a cheaper price?
if that's the case then speak to the seller, more than likely they want to sell the house and they may entertainer your lower offer.
good luck
- 1 decade ago
You need to see a lawyer. Misrepresenting a house is serious. They are being extremely foolish and stupid.