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My daughter purchased a home in April 2012. The listing clearly stated the house had air conditionin

  • September 24 2012 - Ventura
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Answers (11)

Maybe, but - probably not.

As others have mentioned, the listing is not a warranty, and it's not a contract with the buyer.

You could go to small claims court, but then the listing broker or seller might show up with that Form 21 that @Robin James mentioned, and the case could end right there.

Personally, I think your daughter should call a real estate attorney - it's quite likely that the attorney will give ten free minutes on the phone - and if the attorney thinks your daughter has a case, then s/he might meet with your daughter and advise her on how to proceed.

All the best,
  • September 26 2012
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If the listing truly and affirmatively indicated that the home had central air conditioning then, IMHO, there was a serious error and misrepresentation in the listing.

It is not the job of the inspector to disclose to a buyer every piece of equipment that is present. They are there to inspect what is present and not to report on what is not. Likewise, the residential purchase agreement was not written in a manner so as to disclose every single piece of equipment that a property has.

In the end, the agent who submitted the listing made an error. And, if in fact the listing affirmatively indicated that the home had air conditioning and, your daughter relied upon the listing to be an accurate representation of the home's features, then the agent has a responsibility in this case. And, it is likely that the error is covered by the agent's errors and omissions insurance policy.

  • September 25 2012
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Profile picture for Ofe Polack
First of all your daughter should read the Home Inspection Report that was done prior to purchasing the property.  If there was no AC the home inspector would have taken notice of it.  Secondly she should discuss it with her buyer agent.  Thirdly, most of the MLS have a disclaimer such ast this "Subject to errors, omissions, prior sale, change or withdrawal without notice. The agency referenced may or may not be the listing agency for this property. NNEREN is not the source of information presented in this listing."  This one in particular is from NH 
  • September 25 2012
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Profile picture for wetdawgs
Thanks for coming back to fill in the details.  It looks like the answers you've received are spot on, probably no recourse at this stage but don't hesitate to pull out all the documents, and if she  wishes review them with an attorney.

  • September 24 2012
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Profile picture for user1161793
This is my whole question.

My daughter purchased a home in April 2012. The listing clearly stated the house had air conditioning. Since spring time is cool here, a/c was not a necessity. When we had the hot summer, when the a/c didn't work, she had some one come by to find the problem and then discovered the house didn't have a/c. With the listing stating it did, and the thermostat having a "cool" setting, they didn't question it. Do they have any recourse now?
  • September 24 2012
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Profile picture for wetdawgs
Did you wish to complete your question?   If so, click on "post reply" to fill in the details.

  • September 24 2012
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Profile picture for nwhome.us
Typically the listing (the marketing materials) are not a part of the binding agreement. If they were included and initialed by both parties there might be some opening for interpretation.  Under ordinary circumstances, however, the marketing materials will have a disclaimer that indicates that the buyer needs to verify the conditions of the property.
You should look closely at the agreement and the inspection report. If neither of those indicate that there is air conditioning, you are probably wasting your time attempting to arrive at a settlement.
  • September 24 2012
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Profile picture for AmandaMack1
What about the seller's disclosure?  In Texas that is what the important factor would be...what did the seller's disclosure day?  Your daughter should contact the Realtor that helped her and a Real Estate Attorney.
  • September 24 2012
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Thanks for posting your question on Zillow.com!

Be careful, most MLSs have "information deemed reliable but not guaranteed" which means you could be out of luck.

Good luck.
  • September 24 2012
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Did she have a home inspection? I would have thought a home inspector may have noticed if there was no air conditioning.

I would suggest talking to a real estate attorney about this one.
  • September 24 2012
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The challenge is that, if she purchased with a Form 21 which is the local Residential Purchase and Sale Agreement, she had ten days from when she entered into the purchase to verify information in the listing to be correct. 
  • September 24 2012
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