Mls

[jancar26]

What is the name of your state?What is the name of your state? WV
Bought a house in July. On the disclosure the sellers stated there was a problem with the driveway. This was back in April. On the MLS it stated there was a sink hole at the end of the driveway and would be fixed. Seller's agent told my agent and me that it would be fixed before closing date. After being told this since April when we set down to close the sale we found out that the driveway still wasn't fixed but work was going to start that day and be completed in three days. In September the sink hole which turned out to be a crushed culvert still had not been fixed. We ended up paying for the work ourselves. We didn't get it in writing that the sellers would pay for it except for their agent telling us they would and the MLS. We want to take the seller's agent to small claims court since she was signing all the papers in the sellers behave. We would take the sellers to court but they moved out of state. Is the MLS and their agents verbal agreement enough to win the case?

[HomeGuru]

Originally Posted by jancar26

What is the name of your state?What is the name of your state? WV
Bought a house in July. On the disclosure the sellers stated there was a problem with the driveway. This was back in April. On the MLS it stated there was a sink hole at the end of the driveway and would be fixed. Seller's agent told my agent and me that it would be fixed before closing date. After being told this since April when we set down to close the sale we found out that the driveway still wasn't fixed but work was going to start that day and be completed in three days. In September the sink hole which turned out to be a crushed culvert still had not been fixed. We ended up paying for the work ourselves. We didn't get it in writing that the sellers would pay for it except for their agent telling us they would and the MLS. We want to take the seller's agent to small claims court since she was signing all the papers in the sellers behave. We would take the sellers to court but they moved out of state. Is the MLS and their agents verbal agreement enough to win the case?

**A: you have enough to go after the broker's E&O insurance. Although the MLS is not a contract between the Buyer and Seller, you relied on it as well as statements made by the parties.

[jancar26]

Originally Posted by HomeGuru

**A: you have enough to go after the broker's E&O insurance. Although the MLS is not a contract between the Buyer and Seller, you relied on it as well as statements made by the parties.

Thank you for the answer, is this something we need a lawyer for or can we handle it. I have never run into something like this before.

[EvilWizard]

Homeguru quick question for you spurn off of what you have said here...

My realtor has stated to me that everything in MLS has to be accurate otherwise I will be responsible for any inaccuracies found after a buyer purchases the house. An example would be if the MLS said we had a 8' bumpout and it turns out to be a 7' bumpout. Or wood floor in one area where there is really carpet.

Would I be financially responsible for any inaccuracies in the MLS? I would like to let my realtor know if this is a myth...

[HomeGuru]

Originally Posted by EvilWizard

Homeguru quick question for you spurn off of what you have said here...

My realtor has stated to me that everything in MLS has to be accurate otherwise I will be responsible for any inaccuracies found after a buyer purchases the house. An example would be if the MLS said we had a 8' bumpout and it turns out to be a 7' bumpout. Or wood floor in one area where there is really carpet.

Would I be financially responsible for any inaccuracies in the MLS? I would like to let my realtor know if this is a myth...

**A: you could very well be**************..