Realty Not Disclosing Info?
I spent 3 weeks looking for a place with and without my realtors help, and then she showed me this beautiful condo. I decided to purchase the condo within the next week, and it became mine. Everything seemed to be going ok, and my parents and I have been fixing it up. It is almost finished, but a couple of days ago, we found out that the Culligan water softner is not included on the condo (even though we bought the condo "as is"). We found this out because we called culligan to do a repair or come look at it because it was not working, and found out it was not ours, but theirs (which couldn’t be repaired unless bought or rented through them). Now I am really upset because through these 3 weeks, the realtor did not say that it was not included…. and if she did, we would have lowered the offer price by $700 or so. Then my mother called the Real Estate company and talked to the realtor (which was no help, because she was not willing to help). So my mother called her boss, and she said she would be calling back (and my mom had to call HER back because she never did). Then the "boss" said that she would talk to the realtor and the closing agent and call her back today (SUPRISE, she never did). I am curious as to know whether the real estate company is liable for not disclosing the information that the water softner was not included on this property [(Which was foreclosed)]. We also had an inspector and title search done on the property to make sure everything else was ok. And is the better business bureau related to this matter? Or the attorney general for the state of ND through consumer protection?
I never checked what the consumer protection was about. I just heard about them a couple of hours ago from my ma. It seemed worth looking into. Of course I would not complain about cable not being there, but it’s the fact culligan never got that out of there and the real estate agency did not either…or tell us about it!
The agent is only liable if they knew the softener was rented. You would have to prove they knew.
I am not sure that the 700 you think it is worth as a used softener (I doubt it is worth that) would be worth going to court over.
February 23rd, 2010 at 9:59 am
Go ahead and call the BBB and make formal complaint, contact your local "board of Realtors" for clarification. I think this is was just an oversight on the part of the RE Agent/Broker about the "lease" conditions of the water softener. This is not a matter for the AG of ND – consumer protection? What if previous owner left tv – but cancelled cable – would you go into fits?
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February 23rd, 2010 at 10:14 am
How was the real estate firm to know who owned the water softener? The real estate firm is not responsible for such a disclosure. That is a SELLER responsibility. Given that the seller is the lender, I’d venture THEY didn’t know either. I’m not certain where you get the idea that disclosure is a real estate agency responsibility. Their only function is to list the property for sale and to procure a buyer for the seller.
Give up on this fruitless pursuit. You bought ‘as is’. You ASSUMED that the water softener came along with the premises.
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February 23rd, 2010 at 10:25 am
In the MLS listing did it say that the water softener was included? In the property disclosure did it say that the softener was included? Being a foreclosure it is your responsibility to check everything out, not you agent, but yours. How in the world would your real estate agent know who the softener belongs to? Get over it. Read your purchase contract. It is your responsibility to check what is and what isn’t.
Are your surprised the a rental water softner company (Culligan) is the owner of the water sofener?
Ace is exactly right. Dusty doesn’t have a clue.
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February 23rd, 2010 at 11:08 am
Youir realtor takes her info form the listng agent. On the listing it should mention any exclusions. The listing agent may have miissed it. Rented water softners are missied more often then not. If you bought the condo as is with a softner you may have a point. Read over thel listing to see ifit is mentioned. Also read over your purchase contract to see if rentals are excluded from the purchase. Call your local real estate board and ask there opion before you take action and waste your time. They can tell you the procedure for a complaint.
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February 23rd, 2010 at 11:40 am
The agent is only liable if they knew the softener was rented. You would have to prove they knew.
I am not sure that the 700 you think it is worth as a used softener (I doubt it is worth that) would be worth going to court over.
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