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Tenant shown wrong pool/clubhouse-suing

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duerler

Junior Member
What is the name of your state? Florida

My mom is a realtor. She listed a rental on the MLS. There are 2 areas on MLS that ask if there is a pool. In one area she said No, because there is no attached pool. In the other area she lists what the COMMUNITY OFFERS, in it is listed a pool among other things. When she initially listed the property, this was a new community and the pool had not yet been built, she was told it would be completed in 6 months. The listiing is now 8 months old and the pool is still not built. Another realtor took a potential renter to see this property and showed him the pool and clubhouse of a DIFFERENT property. The renter signed a lease for 1 year, just to find out that the pool and clubhouse he was shown did not belong to the community in which he is now renting, and the ground hasn't even been broken for his community. He is sueing my mom saying it is costing him $500 a month not to have that pool and clubhouse-which they are saying she had advertised. If you look at all of the other rental listing in that community, they all list the same amenities as those listed in my moms listing-even though it is not yet built. The community does offer these amenities, they are just not there yet.

My question is this....Should my mother accept the responsibility for this and pay the tenant $500 a month for the next year (she only received a $450 commission by the way) or should she pursue this? Does she have a leg to stand on? She does not feel she did anything wrong, but If she does accepts responsibility, does she have a counterclaim with the other realtor who showed him the wrong property? Any information would be greatly appreciated.
 


acmb05

Senior Member
duerler said:
What is the name of your state? Florida

My mom is a realtor. She listed a rental on the MLS. There are 2 areas on MLS that ask if there is a pool. In one area she said No, because there is no attached pool. In the other area she lists what the COMMUNITY OFFERS, in it is listed a pool among other things. When she initially listed the property, this was a new community and the pool had not yet been built, she was told it would be completed in 6 months. The listiing is now 8 months old and the pool is still not built. Another realtor took a potential renter to see this property and showed him the pool and clubhouse of a DIFFERENT property. The renter signed a lease for 1 year, just to find out that the pool and clubhouse he was shown did not belong to the community in which he is now renting, and the ground hasn't even been broken for his community. He is sueing my mom saying it is costing him $500 a month not to have that pool and clubhouse-which they are saying she had advertised. If you look at all of the other rental listing in that community, they all list the same amenities as those listed in my moms listing-even though it is not yet built. The community does offer these amenities, they are just not there yet.

My question is this....Should my mother accept the responsibility for this and pay the tenant $500 a month for the next year (she only received a $450 commission by the way) or should she pursue this? Does she have a leg to stand on? She does not feel she did anything wrong, but If she does accepts responsibility, does she have a counterclaim with the other realtor who showed him the wrong property? Any information would be greatly appreciated.

She advertised something that was not there yet. She should not have said there is a pool if there was not one there. At the very least she should have had a disclaimer saying it was going to be available but is not yet built.
 

PghREA

Senior Member
Hopefully, all your mom's advertising includes a disclaimer which conveys the message that "all information is deemed accurate but not guaranteed."

Hopefully, your mom carries Errors and Omissions insurance.

Part of the responsibility is on the other Realtor for showing the wrong pool and clubhouse.
I'm assuming that there is an on-site management office where all this information would be available.

IMO your mom is not totally responsible. Her broker/manager should be able to guide her through this.
 

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