MLS was incorrect

[niqueie]

What is the name of your state? CA

I recently bought a house. When we made our bid we were under the impression that the MLS was correct when it stated that the condo had central air conditioning. We requested a rushed escrow (4 weeks) because of a work schedule that was going to take my husband out of town for 4 weeks. We needed to move before he left. One week after our bid was accepted, we found out the place did not have AC. When we spoke with our RE agent he said he would take care of it. He told us that the sellers agent would handle it to get an estimate ourselves. We got an estimate as soon as we could (3-4 days later). The estimate was for $2600. The sellers agent got 2 estimates of $1700 and $1800. We went back and forth with them for a week because they wanted to put the pipes on the outside of the walls, so all the pipes would be exposed. The closing date was approaching fast so we decided to ask for the money and we decided to make it easy and get the $1700 (their lowest bid). I just wanted to be done with it. We were approaching all the major signing and loan doc preps. They countered and proposed $1000. This was a slap in the face and I felt that we were being taken advantage of. So my RE agent said that if we didn't want to take the $1000 dollars that we could counter the offer and start over, or take them to small claims. By this time our landlord had rented our place and there was no way of extending our lease and my husband was leaving very soon. So we decided to take the small claims route. Based on the above, do you think that we have a very strong case. I have gotten 3 other estimates and plan to give the sellers realtor one more chance and then file the small claims lawsuit. What are some of the major points that I will need to prove to win this case if it comes to this. Thank you very much and sorry for the long explaination.

 

[HomeGuru]

What is the name of your state? CA

I recently bought a house. When we made our bid we were under the impression that the MLS was correct when it stated that the condo had central air conditioning. We requested a rushed escrow (4 weeks) because of a work schedule that was going to take my husband out of town for 4 weeks. We needed to move before he left. One week after our bid was accepted, we found out the place did not have AC. When we spoke with our RE agent he said he would take care of it. He told us that the sellers agent would handle it to get an estimate ourselves. We got an estimate as soon as we could (3-4 days later). The estimate was for $2600. The sellers agent got 2 estimates of $1700 and $1800. We went back and forth with them for a week because they wanted to put the pipes on the outside of the walls, so all the pipes would be exposed. The closing date was approaching fast so we decided to ask for the money and we decided to make it easy and get the $1700 (their lowest bid). I just wanted to be done with it. We were approaching all the major signing and loan doc preps. They countered and proposed $1000. This was a slap in the face and I felt that we were being taken advantage of. So my RE agent said that if we didn't want to take the $1000 dollars that we could counter the offer and start over, or take them to small claims. By this time our landlord had rented our place and there was no way of extending our lease and my husband was leaving very soon. So we decided to take the small claims route. Based on the above, do you think that we have a very strong case. I have gotten 3 other estimates and plan to give the sellers realtor one more chance and then file the small claims lawsuit. What are some of the major points that I will need to prove to win this case if it comes to this. Thank you very much and sorry for the long explaination.

**A: was central air con. specifically listing in your purchase contract? If so, please post the exact statement.

 

[tmwdeg]

The MLS states something to the effect that all the information is deemed reliable but is not guaranteed. When you walked through the house the first time it should have been obvious that there were no ducts to the rooms or no A/C condenser outside. It doesn't take a professional inspection to figure out that there is no central air.

You are still in the process of negotiation. A contract is only good if the terms are agreed to by both parties. They are offering a lower amount because they know you are in a hurry and you cannot afford to walk away from the deal.

Being in a hurry costs money. It is a leverage for bargaining and it is being used against you.

 

[niqueie]

There were ducts inside and there was a condenser unit outside. The thermostat looks as if there was AC also. The ducts are for the heat. The condenser unit is for our neighbor. It was not obvious that there was no AC. We are not in the process of negotiations anymore as far as escrow is concerned. We are moved into the condo and have completed the close. We were helping the previous owner by closing escrow early. The previous owner had fallen out of escrow and had been trying to sell for 6 months. Around here that is forever. Which makes you wonder why the MLS could have been wrong for that long. I need your help with what to do in the case that we go to small claims. As for Home Guru's comments, thank you, and I am going to be getting a copy of the purchase agreement from my RE agent in a few days. I will get back to you on what it says.

 

[HomeGuru]

The MLS states something to the effect that all the information is deemed reliable but is not guaranteed. When you walked through the house the first time it should have been obvious that there were no ducts to the rooms or no A/C condenser outside. It doesn't take a professional inspection to figure out that there is no central air.

You are still in the process of negotiation. A contract is only good if the terms are agreed to by both parties. They are offering a lower amount because they know you are in a hurry and you cannot afford to walk away from the deal.

Being in a hurry costs money. It is a leverage for bargaining and it is being used against you.

**A: please be sure you know what you are talking about prior to responding.

 

[tmwdeg]

It reads as though they were still counter offering back and forth. Sorry if I misunderstood.

 

[HomeGuru]

Well writer, what does your contract state about the AC?

 

[niqueie]

I am sorry but I still don't have the purchase agreement yet. San Diego, as you have heard, has been under heavy fire fighting. Our post office has been closed and the RE office has been closed, so therefore I have not recieved the document yet. I will post it when I recieve it. Thank you for you patience and again I am sorry to have drawn out the post this long.

 

[HomeGuru]

I am sorry but I still don't have the purchase agreement yet. San Diego, as you have heard, has been under heavy fire fighting. Our post office has been closed and the RE office has been closed, so therefore I have not recieved the document yet. I will post it when I recieve it. Thank you for you patience and again I am sorry to have drawn out the post this long.

**A: ok. Post when you have the info.

 

[niqueie]

Thanks again for your time with this. You have been very patient. The purchase agreement states in the items included and excluded portion the following:

8. Items included and Excluded:

A. Note to Buyer and Seller: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 8B or 8C.

B. Items included in sale:
1. All existing fixtures and fittings that are attached to the property.
2. Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and greates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air cloolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, inground landscaping, trees/shurbs, water sfteners, water purifiers, security systems/alarms.
3. The following items: ALL ITEMS PER MLS LISTING AND WASHER AND DRYER.


So there it is. The MLS listed that the unit had central Air conditioning. In the purchase agreement we wanted the listed items and the unlisted washer and dryer.
What do you think? How will this hold up in court? What things should we be worried about?
Thanks again!

 

[HomeGuru]

Thanks again for your time with this. You have been very patient. The purchase agreement states in the items included and excluded portion the following:

8. Items included and Excluded:

A. Note to Buyer and Seller: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 8B or 8C.

B. Items included in sale:
1. All existing fixtures and fittings that are attached to the property.
2. Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and greates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air cloolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, inground landscaping, trees/shurbs, water sfteners, water purifiers, security systems/alarms.
3. The following items: ALL ITEMS PER MLS LISTING AND WASHER AND DRYER.


So there it is. The MLS listed that the unit had central Air conditioning. In the purchase agreement we wanted the listed items and the unlisted washer and dryer.
What do you think? How will this hold up in court? What things should we be worried about?
Thanks again!

**A: did the Seller agree in writing to the clause? If so them the AC is included in the sale. Look for another clause that states something to the efffect of all appliances to be in working order or working order consistent with its age.