Is there any liability when a seller lists there lot size as much larger than it really is?

We are buying a home that advertised as being .76 acre.  The title company just sent us information from county records saying that it is actually only .39 acre.  Sellers and their agent were trying to make us believe that the green space was part of the property. 
  • June 19 - Port Ludlow
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Answers (7)

Profile picture for JAGlasvegas
This would be a buyer responsibility.  Check Tax Records and verify, but most MLS listings auto-populate this information direct from the public records
 
  • November 10
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I think every multiple listing system in the country has a disclaimer that says that the data presented is accurate to the best of the listing agent's knowledge, but it is up to the buyer to confirm. If after having a title search done you have a come to find out that the lot is much smaller than expected, maybe that means you should adjust your offer price. Of course this may not make the seller happy, and they may not want to hear that. Then you are going to have to dig in and take a hard look contractually at what you are obligated for, what your ability to get out of the deal is, and what can legally be done or not. You may have to hire a real estate lawyer to advise you through this one.
  • November 10
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Although the question is old, the hard truth is the buyer should have reviewed the tax card and easily seen what the lot was before even making an offer. At worst if the buyer makes a quick offer without doing any research, they should be confirming everything during their inspection period. When i write offers, it was always taught to include a description of the lot to avoid just this.At this point the buyer would have to decide if they suffered any damage and seek the advice form a lawyer. 
  • November 10
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Profile picture for Kachele
I agree with"Krismer" if you close the transaction while knowing the fact that seller is misleading you, it may affect your liability, seek legal advice.
  • November 10
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Mistake vs mislead. Error v fraud. Confusion v deception. Discrepancy uncovered. Damages?
  • June 19
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You're asking a legal question.  I believe there is authority for such liability, but I'm not familiar with the case law.  And the contract terms might change that liability, depending on your contract.  I would point out though that by learning of the situation before closing your damages might be affected.  This really is something you should consult an attorney about because closing the transaction might affect your ability to obtain damages.

I would also agree with wetdawgs that there might be another lot involved with through mere error wasn't included in the legal description.

 
  • June 19
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Profile picture for wetdawgs
All listings have a disclaimer that the buyer is supposed to confirm the facts, so consider it the buyer's responsibility to confirm lot size.    With this big difference, ask them if they are selling two lots because the title company only picked  up one.   If not, because of the discrepancy I'd lower my offer price.

  • June 19
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