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What legal action can we take if the home we bought didn’t have what was listed on the mls?
Hi,
My husband and I bought our home 5 months ago. One thing that we really needed was r.v. parking which the agent advertised on the mls. Four days before closing, the agent suddenly tells us that the association of this subdivision, doesnt allow r.v. parking on the property at all! We went ahead and closed on the house because the seller said he would pay for 6 months of r.v. storage cost. We really didnt know what are rights were at the time so we took the money although still very upset that it was listed with r.v. parking. So our question is what rights do we have as far as either geting compensated for the storage cost for a certain period of time or can we get out of this contract of the sale of house all together even 5 months after closing?
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You can’t anymore.
As soon as the broker told you that the advertisement or MLS inaccuracy, you had the opportunity to walk away from the deal. You could have sought damages against the broker for false advertising.
Worse, now you’ve taken cash from the seller to remedy the lack of RV storage. You accepted the property (at closing) knowing that you couldn’t park the RV. There’s no legal remedy for you.
If you have a copy of the MLS listing…
you can go to small claims court on your own..and ask for the maximum
nothing was ever in writing except the MLS listing..
no one re-imbursed you
so it is how you would justify your small claims..price
and simply…nothing else is in writing and no one else offered you anything or kept their word of some kind of compensation
so your sueing..the real estate agent and the company the real estate agent worked out of..
wrongful advertising..
and you completed on a promise of compensation..(not in writing)
and your asking for..full damages..
as to resell your home..you have to pay..rental elsewhere..etc..
go for it..
they may settle if you phone and tell the real estate company your sueing…but do not back out..unless you have a fair offer..and they will want something signed..
you have good grounds…and waited 6 months for your compensation..you do not have to be kind..they made a mistake..and make them pay..
p.s. check your local court for “statue of limiation” ours is 2 years..and going in after 6 months..shows you waited and expected them to keep the verbal agreement
the realtor made a mistake..if they do not offer to pay tell them your going to court and do it..
you get damages, court costs, etc.. the cost of rental for the rv etc.
p.s.s you will need to talk to the owner/manager of the realtor that made the mistake..and ask him for the legal company name..cause your sueing them as well..even though..they trusted the agent for info..they are on..and were paid..name everyone..to do with the listing/sales/etc..even when they give you the legal name your court may ask for the company list name which the city will give you for licenses..our licenses is right accross from the court house ..and costs ap. $10-$25 but that is part of the claim costs..
you will win..they made a mistake..
I don’t think that there is anything you can do at this late date. You should have consulted and Attorney when the no RV parking came to light. you could have terminated the contract. However since you went ahead and accepted the deal from the seller. I am afraid you are stuck. next time learn your rights before you sign on the dotted line