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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34027
Experience:  30 years of real estate practice experience.
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I looked at a home listed with 3 bedroom, 2-1/2 bathrooms and

Customer Question

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: 2 years ago.
Category: Real Estate Law
Expert:  Loren replied 2 years ago.
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.