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I looked at a home listed with 3 bedroom, 2-1/2 bathrooms and…

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I looked at a home...
I looked at a home listed with 3 bedroom, 2-1/2 bathrooms and heating and air. During the 1st viewing, I couldn't find the 1/2 bath. However, we couldn't get in the garage to see if it was there. The next day I made an offer. I also asked to see the house again and have access to the garage. After this viewing I still couldn't find the 1/2 bath. I mentioned this to my agent who called the selling agent. She said it must be a typo and she would update it. Now, after the home inspection, I found out the house does't have air conditioning. I told my agent and she called the selling agent who stated she through it did. Inspection report says NO. My agent wants me to ask seller's for 1/2 of cost (I suggested that figure).
Doesn't the selling agent or broker have some responsibility in this since they listed it? The seller disclosure that I just received show that the seller did check mark NO air. My agent is upset about this but said there is nothing I can do except go after the seller.
Any help is greatly appreciate - I really love the house.
Best Regards, *****
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
6/2/2015
Real Estate Lawyer: Loren, Lawyer replied 3 years ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,852
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Unfortunately, the seller is the one who has a contractual relationship with the listing agent. The seller's agent does not technically owe you any duty. Any claim would need to be brought by the seller against their agent. Your agent is correct that your recourse is against the seller.
I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.
Thank you.
Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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