used master spa hot tubs image
KC
I am in the process of buying a house. We did a visit and made an offer. After some negotations, the house is now under contract.
We revisited the property to check on a "Jacuzzi" listed as one of the facilities inbuilt in the property. We could not find any. I contacted the seller's agent, who first said she did not know and will have to ask the sellers. Then she came back saying there is NO jacuzzi, the seller never said there was one and it was a mistake on her (the agent's) part to have listed it. I understand a Spa/Jacuzzi is not a fixture and is a permenent fitting (like other plumbing,etc) which has not to seperately itemized like fixtures to be included in an Agreement of Sale. What should I do to NOT allow the seller and their agent to get away with False and Misleading ads on the MLS ? Has anyone gone through a similar situation, taken for a ride by slimy agents? Is there any site where I can read results of similar situations and their resolution? Thanks for your help.
Answer
If you read the MLS at the bottom is typically states that the info contained therein is not warranted nor deemed 100% accurate, and it is your responsibility to check it out and verify. Did you not look before you bought? You stated that you went to the house. I have a hard time believing that you failed to notice no tub jets. You have some responsibility here too. The cost of a Jacuzzi tub over a regular tub is I think about 50% for a garden sized unit. If it was that important to you why did you not ask (before you wrote it up) if the thing even worked? I've sold enough properties that that is one of the first questions asked in regard to master bath rooms with Jacuzzi tubes. A visual inspection when looking at the home would immediately reveal the lack of jets- red flag, not a Jacuzzi tub! Did you really walk thru and look at the house before you contracted it?
While I too agree the info needs to be as accurate as possible, mistakes do happen, but you also have the responsibility to verify the things that are most important to you as factually present like school zones (a real big on one my area and they change annually), hot tubs remain, CHA works ok, etc. Amazing how many times simple things such as directions to the property are wrong, and have sent me off on a wild goose chase seeking something that did not exist.
I understand your anger but again name calling here is no way to win friends nor resolve the issue. You may file a complaint with the board of Realtors and perhaps receive some restitution but not 100% of what you may seek. I presided over a case yrs ago where a guy bought a property thinking it was a corner lot (the listing agent directions took him right to the corner) but it was actually an in-bound lot for sale. The selling agent never went to the property (his buyer said no need to just write it up he'd already been). The guy closed on it, then went to mow it. The real owner lived in the next door lot and he stopped the guy. When he found out he'd bought the wrong lot he of course was not happy, so he filed a case with the board of Realtors. I presided over the case. We ruled based upon the facts of the case:
The listing agent was held responsible for 25% of the problem because his directions took people to the wrong lot. He failed to use reasonable diligence with his location and driving instructions (his sign was also laying on the ground). We also held the selling agent 25% responsible as he should have gone to the lot to verify it as the lot their buyer wanted since he claimed to be their buyer agent (even though he failed to have the required agency agreement signed and in place, and was tagged for that too). We held the buyer 50% responsible as he had an obligation to research the property to make sure it was suitable to his needs, and the correct lot. Further he (the buyer) instructed the selling agent not to bother with going to the site as he had already checked it out, had his builder look at it and it was the lot he wanted. Bad move on the buyers part but the licensee is obligated by law to follow all lawful instructions.
Usually in sale and purchase contracts there is an obligation to the buyer to make inspections of the property to determine the suitiblity of it for the buyers intended use. If teh inspection is waived by the buyer then neither agents nor sellers usually are liable for things that are undiscovered nor obviously visible to the eye either. The licensee has a legal obligation to disclose all known to them any material defects or issues that would negatively impact the property's value or use.
Be sure to look at the facts and see where you stand before you act, there is responsibility enough to go around here. I am compelled to question if the real reason you're "upset" is that you want to end the deal for wome reason or other. If everything else about the home is suitable why let a non-Jacussi tub stop the purchase or sour it at the least? No home is 100% what you want. I bought my home when I went to list it for sale, then remodeled it extensively. Still isn't 100% but it ain't bad either.
You may not, nor do not have to like my answer, it is not an echo of what you probably want to hear, but my answer is based upon factual experience. I hope you overcome the real issue and go on to enjoy the other ammenities that you like about the home and its location.
If you read the MLS at the bottom is typically states that the info contained therein is not warranted nor deemed 100% accurate, and it is your responsibility to check it out and verify. Did you not look before you bought? You stated that you went to the house. I have a hard time believing that you failed to notice no tub jets. You have some responsibility here too. The cost of a Jacuzzi tub over a regular tub is I think about 50% for a garden sized unit. If it was that important to you why did you not ask (before you wrote it up) if the thing even worked? I've sold enough properties that that is one of the first questions asked in regard to master bath rooms with Jacuzzi tubes. A visual inspection when looking at the home would immediately reveal the lack of jets- red flag, not a Jacuzzi tub! Did you really walk thru and look at the house before you contracted it?
While I too agree the info needs to be as accurate as possible, mistakes do happen, but you also have the responsibility to verify the things that are most important to you as factually present like school zones (a real big on one my area and they change annually), hot tubs remain, CHA works ok, etc. Amazing how many times simple things such as directions to the property are wrong, and have sent me off on a wild goose chase seeking something that did not exist.
I understand your anger but again name calling here is no way to win friends nor resolve the issue. You may file a complaint with the board of Realtors and perhaps receive some restitution but not 100% of what you may seek. I presided over a case yrs ago where a guy bought a property thinking it was a corner lot (the listing agent directions took him right to the corner) but it was actually an in-bound lot for sale. The selling agent never went to the property (his buyer said no need to just write it up he'd already been). The guy closed on it, then went to mow it. The real owner lived in the next door lot and he stopped the guy. When he found out he'd bought the wrong lot he of course was not happy, so he filed a case with the board of Realtors. I presided over the case. We ruled based upon the facts of the case:
The listing agent was held responsible for 25% of the problem because his directions took people to the wrong lot. He failed to use reasonable diligence with his location and driving instructions (his sign was also laying on the ground). We also held the selling agent 25% responsible as he should have gone to the lot to verify it as the lot their buyer wanted since he claimed to be their buyer agent (even though he failed to have the required agency agreement signed and in place, and was tagged for that too). We held the buyer 50% responsible as he had an obligation to research the property to make sure it was suitable to his needs, and the correct lot. Further he (the buyer) instructed the selling agent not to bother with going to the site as he had already checked it out, had his builder look at it and it was the lot he wanted. Bad move on the buyers part but the licensee is obligated by law to follow all lawful instructions.
Usually in sale and purchase contracts there is an obligation to the buyer to make inspections of the property to determine the suitiblity of it for the buyers intended use. If teh inspection is waived by the buyer then neither agents nor sellers usually are liable for things that are undiscovered nor obviously visible to the eye either. The licensee has a legal obligation to disclose all known to them any material defects or issues that would negatively impact the property's value or use.
Be sure to look at the facts and see where you stand before you act, there is responsibility enough to go around here. I am compelled to question if the real reason you're "upset" is that you want to end the deal for wome reason or other. If everything else about the home is suitable why let a non-Jacussi tub stop the purchase or sour it at the least? No home is 100% what you want. I bought my home when I went to list it for sale, then remodeled it extensively. Still isn't 100% but it ain't bad either.
You may not, nor do not have to like my answer, it is not an echo of what you probably want to hear, but my answer is based upon factual experience. I hope you overcome the real issue and go on to enjoy the other ammenities that you like about the home and its location.
trailer house ideas please?
Q. my bf is at kentucky, usa and said he is living in a trailer house which was his past grandma's home..i have no idea about a trailer house coz ..i am from philippines and is not use here, i just have some questions about it..what standard of people living in that kind of house?is it safe to live that kind of house?can u send me website to see what's inside and outside of house like this?..please..thanks
Answer
Well, for starters it sounds like an older type of dwelling. They are safe to live in. Some are very small. Picture yourself in a R.V. Can you live in a small space? There are so many types. Some are double wide or triple wide and can be as large as most homes. Some look like a real house and are called Manufactured homes. They are built in a Manufactured Facility and then moved to a space or empty Lot. Put on a temporary foundation. You would never no it was a pre fabded home. I live in one and I love it. It's got three bedrooms and two full baths. Cathedral ceilings Master bath has a large oval tub with Jet's it it like a hot tub. The living room is large and the kitchen has a large chef island with sink. Most of these homes come with a refrigorator and stove, oven range and dishwasher. Any many more anemity's Have him send you pictures. Some of these parks are 5*Star Parks with community pools and Club house. Hot Spas, Pool Tables Recreation rooms and extra laundrey rooms. and showers by the pool. BBQ's and even tennis courts. Some have nothing. I would ask him to send me pictures. That's a big dicision you have to make. You'll be a long way from home. Here are some websites you can go to. www.mobilhome.com or just punch in trailerhomes and a lot of sites will pop up. Have a plan B before you decide. Be Safe.
Well, for starters it sounds like an older type of dwelling. They are safe to live in. Some are very small. Picture yourself in a R.V. Can you live in a small space? There are so many types. Some are double wide or triple wide and can be as large as most homes. Some look like a real house and are called Manufactured homes. They are built in a Manufactured Facility and then moved to a space or empty Lot. Put on a temporary foundation. You would never no it was a pre fabded home. I live in one and I love it. It's got three bedrooms and two full baths. Cathedral ceilings Master bath has a large oval tub with Jet's it it like a hot tub. The living room is large and the kitchen has a large chef island with sink. Most of these homes come with a refrigorator and stove, oven range and dishwasher. Any many more anemity's Have him send you pictures. Some of these parks are 5*Star Parks with community pools and Club house. Hot Spas, Pool Tables Recreation rooms and extra laundrey rooms. and showers by the pool. BBQ's and even tennis courts. Some have nothing. I would ask him to send me pictures. That's a big dicision you have to make. You'll be a long way from home. Here are some websites you can go to. www.mobilhome.com or just punch in trailerhomes and a lot of sites will pop up. Have a plan B before you decide. Be Safe.
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