Seller's disclosure said heated finished basement but is this considered heated? (disclosures, square footage)
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We just closed on our first home last week. We're having work done and will be moving in a couple of weeks. We were down there today and turned on the heat. The house warmed up nicely. Went to the basement which was really cold. We looked around for vents and didn't see any. We left and then asked our realtor. She said it was in the seller's disclosure that the basement was heated. I looked at the photos and see a stand alone kind of electric furnace. about 2'long x 1' high. I didn't see that when we were there so maybe it's there or maybe they took it.
Whichever is the case, is that considered a heated basement? I thought a heated basement meant that it was heated in a way a house would be heated.
And now what can we do? Just eat it and pay for ducts or whatever? We bought this house a lot because my husband can have his grand piano down there so stable heat is very important.
How did you get to closing without knowledge of heat in certain areas of the home? Did you not have a home inspection? Did no one note the presence (or lack thereof) of vents/unit when you were looking at the house at any time? That seems like something that would be hard to overlook.
We just closed on our first home last week. We're having work done and will be moving in a couple of weeks. We were down there today and turned on the heat. The house warmed up nicely. Went to the basement which was really cold. We looked around for vents and didn't see any. We left and then asked our realtor. She said it was in the seller's disclosure that the basement was heated. I looked at the photos and see a stand alone kind of electric furnace. about 2'long x 1' high. I didn't see that when we were there so maybe it's there or maybe they took it.
Whichever is the case, is that considered a heated basement? I thought a heated basement meant that it was heated in a way a house would be heated.
And now what can we do? Just eat it and pay for ducts or whatever? We bought this house a lot because my husband can have his grand piano down there so stable heat is very important.
Thanks!
It sound like you have a legitimate beef if they took it. They can't say it is heated and then turn around and remove the method of heat. That would be like pulling AC units out of windows. It sounds like a disconnect between the seller and the listing agent. They need to get together and decide who is at fault. I wouldn't let this one go.
LCtMadison, let's just say you could say we all were stupid here. Our realtor didn't notice either. But in our defense I didn't check that there were vents in each room of the house bc well they're expected. Anyway are we are. I want to go forward to figure this out.
So then to the next. I'm trying to understand what constitutes a heated basement. I mean I'm thinking (but don't know legally) if there's just a stand alone heater, that it can be considered heated. I mean it wouldn't be acceptable to have a room in the house not hooked up to the heating system. I mean even if they bring back the little heater, that wouldn't resolve it I don't think.
Thanks for your responses.
Our realtor is looking into it and I'll contact our lawyer.
Fortunately, as ductwork goes, this should be moderately easy (as compared to other areas of the home). Get an estimate so you have a precise figure to negotiate over. Also, be sure to confirm the current HVAC can handle the extra square footage, or you could be regretting your expansion.
Teo23....I definitely don't think you are stupid. You are a first time homebuyer and probably don't know the things to look for, which is why you hired an agent. That's the agent's job. Specifically on areas like basements where they can be finished/partially/unfinished, I always look to see if area is heated/cooled and how many units are servicing the home...usually on the first showing and if not most definitely the second time we go to look.
In my area, it has to be "permanent" heat, ie an installed system. A space heater or other types of portable or temporary heating sources do not constitute heated space. I can't imagine anyone considering a small heater in a basement as heated square footage. An appraiser would not give that value as finished space.
Your agent dropped the ball on this one IMO. Sounds like they just relied on the seller's disclosures. I work in a state that does not use seller disclosures (we are caveat emptor) and to be honest I like it...it keeps us on our toes and makes sure that we are verifying information that is important to the buyer and makes home inspections a VERY important part of the transaction.
With that being said if the seller stated in their written disclosures the basement was heated yet there is no heat source it sounds like you have a strong case against them. I would definitely consult with an attorney.
LCtMadison, let's just say you could say we all were stupid here. Our realtor didn't notice either. But in our defense I didn't check that there were vents in each room of the house bc well they're expected. Anyway are we are. I want to go forward to figure this out.
So then to the next. I'm trying to understand what constitutes a heated basement. I mean I'm thinking (but don't know legally) if there's just a stand alone heater, that it can be considered heated. I mean it wouldn't be acceptable to have a room in the house not hooked up to the heating system. I mean even if they bring back the little heater, that wouldn't resolve it I don't think.
Thanks for your responses.
Our realtor is looking into it and I'll contact our lawyer.
My home had a heated and cooled sunroom in the back. It was considered finished space. When I sold it I didn't even consider removing the electric AC/Heater combo unit. Your agent may feel partly to blame if the heater was not included on the sales contract. Between the listing agent, your agent, and the seller, you should not be stuck with this one. If it was just some cheap electric space heater that was temporarily in nature, then I don't believe that would constitute heated space. If it appeared to be quasi permanently installed, then that could explain the disconnect between the listing agent and the seller.
tea23, you are really ticking the boxes on lessons learned when buying a first home. Aren't you the people with the asbestos problem, the attorney who didn't do what you felt he was supposed to and the unlicensed garage? You could make a good video of your experiences and what you discovered through all this.
Things in NJ can go by state law or by smaller jurisdiction law. Here's one example:
You might have an electric or gas heater unit that's totally separate from the house's main heating system. I have seen these in many finished basements, especially those that were finished some time after the house itself was built...normally, yes it would still be considered a heated finished basement, provided it works. From what you describe, it might be a gas heater---I had one in my old house in the finished half of the basement.
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