QUESTION
False claim in real estate listing identified after purchase, seller and selling realtor not correcting issue
Asked on Mar 14th, 2014 on Residential Real Estate - Texas
More details to this question:
My wife and I were shopping for a home and we found one that stated the following verbatim: "Everything new! All new stainless steel appliances, including refrigerator. All appliances convey." As such, we purchased the home. Inspection report came back great. We moved in and in an attempt to cool the refrigerator (digital controls), it would not cool. I had the home warranty come out for repair, they stated the fridge had significant damage and could not be repaired. Calling the manufacturer, the refrigerator is so old (but looks modern) that parts are no longer supplied for it. Reviewing the other appliances, none are new. The selling realtor has been advised to fix the refrigerator, but as the refrigerator cannot be fixed, what options are available? Can I take the seller and seller realtor to small claims court? And should a judgement be found in my favor, would the sellers bank account be considered non-exempt property thus allowing collection?
1 ANSWER
Marion Cain
The issue is controlled by your earnest money contract which was filed with the title company by the realtors. Read it carefully. I doubt it states that the appliances are brand new. It likely just says they convey with the house.
What you were told usually doesn't count if it is not on the signed writing. The published listing (think advertisement) for the house is not a for sure thing, as advertisements are given significant leeway!!
The home inspection report often says the appliances were not inspected -- or that they work at the time of inspection but the inspector extends no committment as to age or ongoing reliability.
Small claims court is an option. Should you win you would have all the options available for a Texas Writ. The realtors may have additional liability - especially yours - if he/she had knowledge regarding the appliances and did not share with you. A complaint against the realtor to the Texas Board of Realtors is also an option.
Answered on Mar 28th, 2014 at 4:15 PM