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Misrepresentation

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elinka999

Junior Member
What is the name of your state? Michigan

I purchased a condo 3 years ago and on the real estate listing it clearly stated "Newer Furnace and Newer Water Heater". I had to replace the water heater today due to the gas leak and in the process found out that it was manufactured in 1987. This means that in 2002 it was already a 15 year old model; therefore, no where near to being newer. Newer usually means within 3 years or so, not 15. I wanted to find out if I can take any legal actions due to misrepresentation on the listing. If so, who do I go after, the real estate agency or the previous owner. Thank you
 


HomeGuru

Senior Member
elinka999 said:
What is the name of your state? Michigan

I purchased a condo 3 years ago and on the real estate listing it clearly stated "Newer Furnace and Newer Water Heater".

**A: yes, the appliances were newer than the older ones that were there.
Did you bother to ask the Seller the exact age of the appliances? Did your home inspector check these appliances and verify the age and condition?
Did you purchase a home warranty plan covering these appliances?
You did none of those to mitigate your damages.
***




I had to replace the water heater today due to the gas leak and in the process found out that it was manufactured in 1987. This means that in 2002 it was already a 15 year old model; therefore, no where near to being newer. Newer usually means within 3 years or so, not 15.


**A: can you cite statutory law, common law or case law that backs up your statement that newer means within 3 years or so.

*************
I wanted to find out if I can take any legal actions due to misrepresentation on the listing. If so, who do I go after, the real estate agency or the previous owner. Thank you

**A: if the fact sheet stated new appliances, then you may have had a case.
 

HomeGuru

Senior Member
seniorjudge said:
Puffery is the nice way to say bullsh*t.

**A: when I was a kid, we ran across Farmer John's farm to get to school and one day my brother stepped in a pile of puffery.
 

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