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Gross misrepesentation?

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A

alekseyru

Guest
Hi, there
I've signed a contract to buy 2 bedroom condo for $ 223.000 with $ 23.000 downpayment.A week later I found out It's officially 1 bedroom unit with a den.It was advertised on the internet as well as in the MLS Listing as 2 bedroom apartment.In the brief discription of the unit it said "2nd bedroom is presently used as a den (easily put back wall for bdrm) easily converted to bedroom".This made me think it's really 2 bedroom and not have asked more questions.Originally entered the apartment to check, I saw a separate room without wall and door, no closets at all.I asked my lawyer to get me out of the deal since I have a family of 4 to occupy this unit(impossible for us) and they (lawyers) made an agreement over the phone: as soon as they sign new contract with new buyer I get my money back.Two weeks later we got a letter stating they have new buyer signed the contract but for $ 220.000 and they ready to return my downpayment except $ 3.000 as a damage.Their argument is once we entered the unit it was clearly undestandable it's 1 bedroom unit.(no wall, door and closets). We sent them a letter that this offer is unacceptable,because I relied upon in entering the contract of sale,the unit was being sold as a two bedroom unit and it's not what I bargained for.There was a gross misrepresentation on the part of the seller and seller's realtor. If my money is not received in full, I will file a lis pendance on the unit,so now we are waiting for the answer!
My question is what should I do next? Keep fighting till the end with the possibility going to the court(does not make sense), or just grab the money and forget about $ 3.000? Someone told me it's american way and it's smarter!
But people lie and we pay for this (my opinion)???
Thanks a lot!
 


HomeGuru

Senior Member
alekseyru said:
Hi, there
I've signed a contract to buy 2 bedroom condo for $ 223.000 with $ 23.000 downpayment.A week later I found out It's officially 1 bedroom unit with a den.It was advertised on the internet as well as in the MLS Listing as 2 bedroom apartment.In the brief discription of the unit it said "2nd bedroom is presently used as a den (easily put back wall for bdrm) easily converted to bedroom".This made me think it's really 2 bedroom and not have asked more questions.Originally entered the apartment to check, I saw a separate room without wall and door, no closets at all.I asked my lawyer to get me out of the deal since I have a family of 4 to occupy this unit(impossible for us) and they (lawyers) made an agreement over the phone: as soon as they sign new contract with new buyer I get my money back.Two weeks later we got a letter stating they have new buyer signed the contract but for $ 220.000 and they ready to return my downpayment except $ 3.000 as a damage.Their argument is once we entered the unit it was clearly undestandable it's 1 bedroom unit.(no wall, door and closets). We sent them a letter that this offer is unacceptable,because I relied upon in entering the contract of sale,the unit was being sold as a two bedroom unit and it's not what I bargained for.There was a gross misrepresentation on the part of the seller and seller's realtor. If my money is not received in full, I will file a lis pendance on the unit,so now we are waiting for the answer!
My question is what should I do next? Keep fighting till the end with the possibility going to the court(does not make sense), or just grab the money and forget about $ 3.000? Someone told me it's american way and it's smarter!
But people lie and we pay for this (my opinion)???
Thanks a lot!
**A: are you American and can you read the website rules?
 
A

alekseyru

Guest
I'm not american yet, but I'm going to be very soon!
Name of the state is New York,sorry.
 
A

alekseyru

Guest
You are smart guys!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :)
 

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