False information on the MLS listing

[TTJT]

We bought our first home about 5 years ago - on the MLS listing/flyer, it showed the house has 1.5 bathrooms. We asked the agent if everything was permitted and he said yes. He even said he went to the city to doublecheck. Now, we are thinking of selling the house and according to the city's record, our house only have 1 full bath. The 1/2 bath is non-existent on records. Can we sue the seller or the agent for giving us false information?

Thanks for reading!

 

[michellem]

We bought our first home about 5 years ago - on the MLS listing/flyer, it showed the house has 1.5 bathrooms. We asked the agent if everything was permitted and he said yes. He even said he went to the city to doublecheck. Now, we are thinking of selling the house and according to the city's record, our house only have 1 full bath. The 1/2 bath is non-existent on records. Can we sue the seller or the agent for giving us false information?

Thanks for reading!

As a Realtor I have recently read about a lawsuit wherein a purchaser was suing because the square footage stated on the flyer of the home she purchased was not accurate and was in fact much smaller. The Court Ruled that she had been in the home prior to purchasing and she could see the size of the home and purchased it after having had the chance to see it. She lost the case. I would think that it would stand to reason that you had the opportunity to view the home and see how many bathrooms the home had. Also, it has been my experince that the county records are not always accurate. The 1/2 bath could have been added at a later date after the county had made its initial report.

 

[seniorjudge]

The 1/2 bath is non-existent on records.


If the 1/2 bath exists, then go to the county and get the records changed.

 

[TTJT]

Thank you for your opinions!

We have called the city to see if any permits have been pulled for the 1/2 bath but they could not find any. If we tell them we have a 1/2 bath now, don't we get in trouble for not having a permit to build it?

We did asked the agent if everything was permitted and legal, and he said yes. Our frustration now is that the house value is based on 1 bathroom. We will have to tell the new buyer that we don't have permit for the 1/2 bath?

 

[seniorjudge]

Q: We have called the city to see if any permits have been pulled for the 1/2 bath but they could not find any. If we tell them we have a 1/2 bath now, don't we get in trouble for not having a permit to build it?

A: I thought you did not build it? In any event, ask the bureaucrats what will happen to you. You can talk to them anonymously.


Q: We did asked the agent if everything was permitted and legal, and he said yes. Our frustration now is that the house value is based on 1 bathroom. We will have to tell the new buyer that we don't have permit for the 1/2 bath?

A: You cannot expect a real estate agent to know about zoning; besides, no one ever put any of that in writing, did they? And if they did, read the MLS weasel words; they say they hope they got the info right, but if they didn't, then they are not liable. Yes, you have to tell the buyer you don't have a permit. So get a permit.

 

[skidoddle]

Hello 1/2 bathroom

Be careful what you read here because the people here do not usually
litigate, look at case law and also go to the city and get permits
or get permits for illegal work done and so on an so forth

I have done all the above.

Forget what the RE agent said above and ask him for the actual court
case file and look it up.

Ok here is what I have personally experienced in CA but be careful because
here in CA they really protect the homebuyer and have some of the best
laws in place for this.

If the RE agent Listed and stated something that was in the house or done
to the house that was incorrect and he knew it > it is Fruad PERIOD

Look here in CA RE law > obvious that the above posters have not read this
and many other states have similar laws in place

http://www.dre.ca.gov/pdf_docs/re6.pdf

If the buyer or sellers Agent represent to you that the house is 1900 SQFT
when it is not say 1600 SQFT or that the 1/2 bath is part of the house
or that the addition (SQFT) is part of the house ie they put it into the
MLS they are stating that this is the true condition of the house.

It is not really up to you to go and figure out if this is true or correct
because THEY ARE STATING IT IS!!!!!!

And by the way if you have a RE agent that represented you he shuold
have gone down to the city planning dept and found any problems with
the house> bet he did not!!!! Good he is liable also for he is your agent!!!!

You paid him to do this!!!! And he did not protect you so if you do
file a complaint with your states AG office also include him.

However next time go to you city planning Dept and pull the street
file and LOOK AT ALL PERMITS on the house. Just because the permit
was pulled though for this work does not mean it was DONE PROPERLY
that is why you have an INSPECTOR look at this work to determine
if it was done properly!!!! Your RE agent should have done all this
and then had the inspector inspect the 1/2 bathroom (that had
no permits and then put that in his inspection report)

By the way inspectors should be looking for this also and if
he did not have the illegal 1/2 bathrroom in his report
he also maybe in trouble but the bottom line ends with
the owner and his RE agent.

However the Listing RE BROKER and even more the Seller have an
obligation to disclose to you the buyer ANY visual and obvious
negative about the house AND NOT STATE TO YOU FALSE
FACTS ABOUT THE HOUSE like an illegal bathroom addition!!!

If it is not then they have got a real problem at least in CA.

Now go to case law for your state> just go down to your local
law library at a school or county seat and pull the cases that
cover this.

However you need not go there just file a complaint with your
states AG office and typically they will go after the party like
a rabid dog!!!

And yes here in CA if you try to get a permit for the 1/2 bath depending
on your city > you most likely will have to rip it out and start over
at worse or at best get a permit and then go thru the permit process
for building and inspection!!!!

I am not a lawyer and the above is not advice it is just what I have been thru
personally.

SKI