false MLS info discovered during inspection

[oki0722]

MLS stated the house comes with central air but the inspection revealed there is none in the house.
The purchase price was agreed based on the assumption that it does exist, so the request to repair was submitted stating the AC should be provided or give some credit.

The seller/seller's agent declined to accept either options claiming that it was an innocent error by seller's agent when submitting information to MLS.

We like the house but not sure if it feels right to agree with the purchase price even without the AC which was originally presended in MLS and would be very costly to add (due to the limitation of space. etc) We live out of state, so $2500 (airfare, inspection) is already spent to come this far.

Is there any CA RE law that protects our right as buyer? i.e. require seller to provide AC as stated in MLS or offer "reasonable" credit that allows us to install AC? (a few thousands, at least I would imagine)

in case we walk away from this house, is there a way to claim $2500 against the seller/seller's agent as we would have never made an offer to begin with, knowing if the house does not come with AC.

We've got to make a decision quickly. Appreciate any help you can provide..!

 

[mightymoose]

There is no such requirement that I have ever heard of.
Sorry, but I believe the responsibility falls on you for making an offer before ever viewing the house. I bet if you review the website that you saw the MLS info you will find a disclaimer about accuracy of info as well.
Your assumption got you in trouble here. I don't believe anyone else is responsible for your expenses at this point.

 

[oki0722]

Thank you for the quick response mightymoose!

We did travel to see the house before making an offer, plus one more trip to inspect the house. The only thing we assumed was the MLS info as accurate. I guess consumers are expected to verify the accuracy of MLS info by themselves before making an offer although it is kind of difficult to check all items in the house including, say, if it is served by city sewage especially if you are touring 10 houses in one day. The house has a central heat and the fan was on when we were there, we didn't even think about checking to see the AC unit as MLS states so and we feel the air coming, but that was the costly mistake.

we are debating whether to walk away or not.

 

[army judge]

Thank you for the quick response mightymoose!

We did travel to see the house before making an offer, plus one more trip to inspect the house. The only thing we assumed was the MLS info as accurate. I guess consumers are expected to verify the accuracy of MLS info by themselves before making an offer although it is kind of difficult to check all items in the house including, say, if it is served by city sewage especially if you are touring 10 houses in one day. The house has a central heat and the fan was on when we were there, we didn't even think about checking to see the AC unit as MLS states so and we feel the air coming, but that was the costly mistake.

we are debating whether to walk away or not.

If you ever have any doubts about any contract, run, don't walk away!
Your "spidey" senses tingle for unexplained reasons.
Its always better to be safe today, than sorry tomorrow.

 

[disagreeable]

Generally such listings clearly say you should verify the accuracy of the information prior to making a decision.