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Old 07-03-2012, 02:12 PM
 
Location: Lorton, VA
17 posts, read 21,326 times
Reputation: 11

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My friend recently bought a home. She thought the place came with two parking spots because that's what the MRIS listing stated. After closing, she received a single parking tag. So she had her agent contact the selling agent for an explanation. According to the agent, each unit only receives one parking spot but there are 2 or 3 spots that are accessible for anyone in the complex with a hanging tag (first come, first serve). Therefore, the unit comes with two spots. She called the HOA today to confirm the parking policy as described.


Personally, I think that explanation is BS. How can you count a shared spot as an assigned one? Is this normally the case? I've never bought a home myself, so I have no clue, but this seems like an obvious misrepresentation to me. Isn't it already to late though, since she closed?

TIA
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Old 07-03-2012, 02:21 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,554,091 times
Reputation: 2179
You can try to go after for the agent for misrepresentation, but sounds like it would be difficult. There is more than one spot accessible to an owner, but it should have been clarified that you are not guaranteed to get a second spot at any given time. Also, the MRIS listing likely states that all data is not guaranteed to be accurate. It's up to the buyer to verify.

In any case, your friend would not be able to cancel the purchase after closing. Best you could likely hope for is some monetary compensation from legal action, and would it be worth it?

Suggest your friend consult with an RE attorney to be sure of her options.
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Old 07-03-2012, 02:28 PM
 
Location: Lorton, VA
17 posts, read 21,326 times
Reputation: 11
Quote:
Originally Posted by rjrcm View Post
You can try to go after for the agent for misrepresentation, but sounds like it would be difficult. There is more than one spot accessible to an owner, but it should have been clarified that you are not guaranteed to get a second spot at any given time. Also, the MRIS listing likely states that all data is not guaranteed to be accurate. It's up to the buyer to verify.

In any case, your friend would not be able to cancel the purchase after closing. Best you could likely hope for is some monetary compensation from legal action, and would it be worth it?

Suggest your friend consult with an RE attorney to be sure of her options.
What about her agent? Isn't it the agent's job to verify everything listed on MRIS? Isn't that some sort of standard procedure? I will let her know about contacting a RE lawyer. This is her first home so she's a little lost.

Thank you.
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Old 07-03-2012, 05:21 PM
 
Location: Simmering in DFW
6,947 posts, read 18,681,510 times
Reputation: 7182
Didn't she get the HOA covenants before closing to review? That certainly would have spelled out the parking situation.
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Old 07-03-2012, 05:23 PM
 
Location: El Dorado Hills, CA
3,670 posts, read 7,972,766 times
Reputation: 3748
The agent fills out the listing to the best of their knowledge. That's why there is almost always a disclaimer that the buyer should verify any and all info on the listing.

The buyer should have gotten a copy of the HOA docs and a preliminary title. I'd be willing to bet that a thorough review of those documents clearly states the parking situation.

Only an attorney can give legal advice on this issue, but I would be surprised if the buyer were to get compensated.

To buyers: READ THE DOCUMENTS! ALL OF THEM! Sorry for shouting.
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Old 07-03-2012, 05:35 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,554,091 times
Reputation: 2179
Quote:
Originally Posted by bykim5 View Post
What about her agent? Isn't it the agent's job to verify everything listed on MRIS? Isn't that some sort of standard procedure? ...
Unfortunately, it's not a standard procedure, although a buyer's agent should check that the listing is accurate, and help with investigating anything of concern to the buyer. The level of research you get depends on the initiative of the agent and their training. Ultimately, the legal responsibility is with the buyer to verify anything they consider of importance. Calling the HOA and reading the HOA docs should have been done before closing. However, an agent is not allowed to mislead or misrepresent the facts.
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Old 07-03-2012, 06:17 PM
 
Location: Lakewood Ranch, FL
5,113 posts, read 7,639,834 times
Reputation: 5990
Of course it's not legal advice but I have a different take. If the seller represented that there are two parking spaces that are either specifically on the deed or granted thru the HOA docs and that is not the case, the buyer should be entitled to sue the seller and the listing agent's excuse (if it is documented) should open him/her up to some sort of liability. This was clearly misrepresentation and should be actionable, IMHO.
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Old 07-03-2012, 07:30 PM
 
Location: DFW - Coppell / Las Colinas
29,920 posts, read 34,517,946 times
Reputation: 35917
Quote:
Originally Posted by bbronston View Post
Of course it's not legal advice but I have a different take. If the seller represented that there are two parking spaces that are either specifically on the deed or granted thru the HOA docs and that is not the case, the buyer should be entitled to sue the seller and the listing agent's excuse (if it is documented) should open him/her up to some sort of liability. This was clearly misrepresentation and should be actionable, IMHO.
Problem is anyone can sue anyone for anything. How much is it going to cost her to sue and how much can she be compensated ? Sounds to me that the Lawyer is the one who wins that one.

She could possibly put a small amount (say $2k) of damage and take her to small claims court if she wants to pursue the issue.
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Old 07-03-2012, 08:02 PM
 
Location: Simmering in DFW
6,947 posts, read 18,681,510 times
Reputation: 7182
technically, the condo comes with two parking spaces, one reserved and the other as available with the tag. Cars parked with no tags get towed, I am sure. So, by having a tag, she does get to park a 2nd vehicle on the property.
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Old 07-03-2012, 08:24 PM
 
Location: Lorton, VA
17 posts, read 21,326 times
Reputation: 11
Isnt it misleading by the fact that the listing did not explain the situation with the second spot? That to me would be an "omission" (e&o liability)
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