MLS listing stated Central Air...

sea.lass1015

New Member
Jurisdiction
Maine
We just paid full asking price for a home that we bought last week. MLS listing stated it had central air. My wife has COPD and this is a health necessity for her to breathe better. This is why we paid the full asking price, not many homes in this area have it. We moved in last week, went to all 3 different thermostats that were in different rooms... none were for central air. The house does not have it! We called the listing agent, he said it was a typo! I don't think something as important as central air is a typo. Can we sue, do we have a case. So upset and frustrated. We assumed it had it, since it was listed.
 
You assumed.

Did you not inspect the home before purchase?

It sounds like you purchased this house unseen. It doesn't sound like you will have much of an argument. I bet you will also find disclaimers about the accuracy of the MLS info.
 
You assumed.

Did you not inspect the home before purchase?
We live in Florida, wife had knee surgery, couldn't fly up so husband flew up to walk through and look ( no inspector). There were 3 different thermostats, in 3 different rooms; he thought one of those worked the central air. He trusted that what was on the MLS listing was accurate.
 
All I can suggest is that you try to get a free consult with a real estate attorney and review your options.

I suspect you don't have any (other than to install your own AC system or units).

PS: Given your propensity to buy without thinking I suggest you stay the hell out of car dealerships.
 
I kind of doubt if the MLS listing will hold up to the standard of a contract. You had the opportunity to walk through the house. You also should have had an inspection. If A/C is that important, it seems like you would have wanted to have the actual unit checked and made sure it was in good shape. Much more than just, "hey there's a thermostat that is probably A/C". It won't hurt to consult with an attorney but don't hold out a lot of hope.
 
In your contract paperwork, did they not have a list of things that came with the home (I forget the correct name), but it is a list that states what is and is not included and usually includes even the large systems. You might check to see if it is listed/checked there or not. But if you didn't have it inspected, I think the onus is on you and/or your realtor.
 
Can we sue, do we have a case.


You appear to have failed to do your due diligence before purchasing the home.

I don't see that you have any legal grounds to take any action.

That said, you can consult with three or four local real estate attorneys.

Normally the first consultation is offered at no charge.

The consultations area good way to learn exactly what the courts might do in such a situation in your county.

Good luck.
 
You can sue, but this is something that easily could and should have been easily discovered through a proper home inspection -- either by you personally or by your agent or by a licensed home inspector. Nonetheless, I agree that you ought to consult with a local real estate attorney.
 
If my spouse's life depended upon something being in place, you better believe I would be asking questions of an actual human being (type of unit, how old, maintenance costs, types of filters needed, existence...), getting a thorough inspection of that unit, test it out during the walk through, and making sure it was part of the actual sales contract. I'd be getting a home warranty for the unit if it wasn't already part of the sale. It is inexplicable that you did none of these.

Listings not infrequently do contain errors as humans input the data.
 
I don't see how any lawsuit will be successful if the basis is solely on an MLS listing which may have erroneously stated that the home has central air conditioning. If you had an attorney who represented you on the real estate transaction, you should speak to your attorney as to why that point wasn't covered within the contract of sale.
 
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