Date discrepancy between actually built date and on MLS listing

[jumpman86]

What is the name of your state (only U.S. law)? NJ

I am in the process of purchasing a townhouse and my dilemma is the following:

The listing date in the MLS for the townhouse is 1991 / approximate. I checked with the association management company and found out that the house was actually built in 1987 (20% older).

I am currently negotiating on what should be fixed before closing and how much credit to ask for.

I was wondering if listing the wrong date on the MLS is illegal since I was misled and when we negotiated for the price, I based my offer on the age of the house. The seller also said that she was the first owner and she moved in at 1991. I am wondering why there was a gap between 1987 to 1991. The association has no clue as well.

I spoke with the attorney but she didnt really have any recommendation or wanted to do anything about it.

Also, on the seller disclosure, the age of the house was listed as unknown by the seller.

Any advise or comments are greatly appreciated.

Thanks.

Ed

[Zigner]

The MLS says you must verify all figures...

[tranquility]

I was wondering if listing the wrong date on the MLS is illegal since I was misled and when we negotiated for the price, I based my offer on the age of the house.

No, it is not "illegal". There may be issues related to the misrepresentation, but no one is going to jail and the deal is not going to be cancelled. Also, save the price issue for someone who is buying. What would you have offered if you knew the house was built on the date it was? I think, like almost all people who buy, you based your offer on comps. You did not have some huge spreadsheet of factors with pluses and minuses where you "based" your offer on the age of the house. By saying it this way, it's clear you have a goal you haven't mentioned as yet. What is it?

The difference is not enough to make a difference in the deal. If you'd like, ask for some amount for your damages. If they refuse, you will still have to go through with the purchase as I think the courts will not find this a material difference.

[Zigner]

Originally Posted by tranquility

No, it is not "illegal". There may be issues related to the misrepresentation...

The MLS says you must verify all figures...

[jumpman86]

Thanks for the comments.

I just wanted to make sure that I am getting all my information upfront regarding the house.

I am just a bit nervous with the gap from when the house was built and when the first owner moved in. I can not find the answer from the association nor the owner and what really confused me was why would the owner not know the age of the house if she was the first owner.

In addition, my agent pulled the tax record and it also stated that the house was built in 1991 which was not the actual built date.

Thanks again.

Eddy

[HomeGuru]

Originally Posted by jumpman86

Thanks for the comments.

I just wanted to make sure that I am getting all my information upfront regarding the house.

I am just a bit nervous with the gap from when the house was built and when the first owner moved in. I can not find the answer from the association nor the owner and what really confused me was why would the owner not know the age of the house if she was the first owner.

In addition, my agent pulled the tax record and it also stated that the house was built in 1991 which was not the actual built date.

Thanks again.

Eddy

**A: prudent Buyer due diligence requires checking with Building Department, real estate appraiser etc. to investigate the date of construction etc. Also hire a home inspector etc.
If you read the MLS disclaimer it states something to the effect of information deemed reliable but not guaranteed or something like that.

[divona2000]

Go to Building & Zoning, County Building, Courthouse-where ever permits and records of the following are issued/kept in your area...and...
View the building permits, possibly the townhouse may have been started in 1987 and finished in 1991.
View the occupancy permit, it shows when the house was approved for habitation for that first owner.
View the back tax records, who's name is on them, was there a previous owner?
and possibly-
Electric permit.
Gas permit.