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Q: Cheating in MLS - Need legal advice. ( No Answer,   3 Comments )
Question  
Subject: Cheating in MLS - Need legal advice.
Category: Family and Home > Home
Asked by: senzhomehunt-ga
List Price: $10.00
Posted: 09 Mar 2006 16:45 PST
Expires: 08 Apr 2006 17:45 PDT
Question ID: 705551
I recently agreed to purchase a house based on MLS listing. After we
signed the deal, i went ahead in getting the appraisal done and found
out 100sq.ft of livable area is incorrectly specified in MLS. Say MLs
says 2547 sq.ft of livable area and after appraisal, it came out to be
2457 sq.ft. She backed with the tax documents as she was paying for
the 2547 sq.foot. After having a heated conversation with the seller,
i gave
up and agreed to go with the purchase. Now with 10 days befoer
closing, i found that the home owners association fees is also
specified incorrectly. In the MLS it is saying 100$ annually while the
closing docs pointing to 450$ incorrectly. Now i am feeling ripped
off. Can someone provide me with legal advice, how to proceed with
this.

I told the seller, i will pay only 100$ as mentioned in the MLS
listing rest she has to pay for the next 5 years (350 * 5).

Any help is appreciated.

If this deal is not going to work out, can I walk out without being
burned, if it reaches the legal situation.

Also, is there any legal help available on the internet for situation like this.

Thanks in advance.
Senthil Natarajan
Answer  
There is no answer at this time.

Comments  
Subject: Re: Cheating in MLS - Need legal advice.
From: markvmd-ga on 09 Mar 2006 17:29 PST
 
In my experience (not legal advice, just opinion), it is up to the
buyer to confirm all information and not up to the seller to provide
more than "reasonable" information. Exceptions vary from state to
state but usually involve language to the effect of "to the best of
Seller's knowledge" or "with reasonable expectation of accuracy." An
annual difference of dues in the amount of $300 or so might be
reasonable in some places and unreasonable in others. The difference
of 100 square feet is probably acceptable, especially if there is
documentation to support it.

There is always small claims court. Each side will present their
opinion and documents to an impartial judge who will make a
determination. It only costs a few dollars and a day from work, but
could pay off for you. You might get the max for your state, which is
more than 350 * 5.

In a few years you'll long for the days your homeowners fee was only
$450, by the way.
Subject: Re: Cheating in MLS - Need legal advice.
From: jh963-ga on 13 Mar 2006 14:31 PST
 
Don't you have any contingencies in the contract?  Something like
"purchase subject to buyer obtaining a 30 fixed loan at 6.5% interest,
0 points", or some other contingency?  There should be something in
there that says "subject to buyer approval" for SOMETHING.  If there
is, you then simply say "I don't approve it" and cancel the contract.

Another approach: Like the first comment, I think a difference of 100
sq. ft. of living space is not a huge problem.  It could have been an
honest mistake.  However, a difference of $350 in association dues per
month is a HUGE difference. A $450 per month association fee may make
the property unsellable in the future and directly affects the price
that you'll be able to get for the property when you decide to sell. 
I'm not a lawyer, but my advice would be to NOT COMPLETE THE SALE. 
Get thee to a lawyer immediately and see what your options are.

J.
Subject: Re: Cheating in MLS - Need legal advice.
From: markvmd-ga on 13 Mar 2006 20:53 PST
 
JH963, note the HO fee is $450 annual, not monthly. I'm thinking a
$450 monthly fee would come with all sorts of perqs including the
hunting of humans using blowdarts. In season, of course.

I do usually recommend folks seek the advice of an attorney, but this
situation is relatively minor and probably could be dealt with in
small claims. A real estate attorney is not a cheap commodity, but
calling one and asking can't hurt. Hey, the worst they'll say is "Ya
gotta pay me for me to answer."

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