false info listed by agent, unethical? (Hacienda Heights: sale, credit, broker)

[pcjc]

I wondering if any has encounter this or perhaps have some insight on this matter.

I am in the middle of escrow for a house in Hacienda Heights and upon inspection I found a glaring mistake.

1. The house was list as 4 bedroom 3 bathroom but I visited it with my agent we saw that was in fact 3 bedroom and 2.5 bath. So I had my agent ask the seller's agent about this and she said that it was a mistake. Fine, I still like the location and house.

2. Now in during inspection I looked around and found there was no central AC. This place was listed as having central AC and I got a disclosure statement that was supposedly from the seller indicating clearly there was AC. I had my agent ask the seller agent and she said it was her mistake and not the client's fault. I thought this was suppose filled out by owner? Anyways I ask for credit on this since my offer was based on the whole package. The seller agent had someone do an estimate and it came out to $4500 for furnance and AC. The seller agent says that her client will not credit anything because I had very good price already!
I can't believe it! They made a mistake and they are not owning up to it.
My agent ask the seller agent to get a written statement from the seller indicating the acknowledgement of NO AC and no credit. But seller agent has still not given that to us.
I'm really considering to walk away from this deal cuz I have a couple of days left in contingency. But I do really like the neighbourhood and the price is pretty good although there are things to update/upgrade.
If I do walk away then I will pay for the the fees already initiated and I will have to go thru searching for another house.
Should I be more objective and go thru the deal and suck up the extra cost. I don't really understand why would the seller do something like this unless they have an offer and want to make us quit?
Any thoughts on this? I'm not sure what I can do in terms of complaints. My agent suggested contacting the seller's broker. All this time I have not seen the seller agent so I'm suspect she hasn't even really view the property carefully meanwhile the sellers have moved out already and in another state.
Thanks!

[Sorcerer68]

The info is most likely what the Seller gave her agent. The agent probably said it was their fault rather than blame the seller (who they represent). You know this information prior to sale and have the opportunity to back out upon discovery thereof (which you already know).

How much do you like the house? If you're getting a good deal and really like the house, think twice about walking away but consider this: what part of town is it in (regarding temperature)? Come July will you have afforded some sort of cooling? Often in a home purchase we are spread so thin we can't do anything else to the home. Remember: this is a buyer's market and there's a lot of inventory if you choose to back out, however there are really good deals to be had, is this one of them? This is a judgment call for you. Also remember this: in my experience, buyers almost always get cold feet over something.

Originally Posted by pcjc

I wondering if any has encounter this or perhaps have some insight on this matter.

I am in the middle of escrow for a house in Hacienda Heights and upon inspection I found a glaring mistake.

1. The house was list as 4 bedroom 3 bathroom but I visited it with my agent we saw that was in fact 3 bedroom and 2.5 bath. So I had my agent ask the seller's agent about this and she said that it was a mistake. Fine, I still like the location and house.

2. Now in during inspection I looked around and found there was no central AC. This place was listed as having central AC and I got a disclosure statement that was supposedly from the seller indicating clearly there was AC. I had my agent ask the seller agent and she said it was her mistake and not the client's fault. I thought this was suppose filled out by owner? Anyways I ask for credit on this since my offer was based on the whole package. The seller agent had someone do an estimate and it came out to $4500 for furnance and AC. The seller agent says that her client will not credit anything because I had very good price already!
I can't believe it! They made a mistake and they are not owning up to it.
My agent ask the seller agent to get a written statement from the seller indicating the acknowledgement of NO AC and no credit. But seller agent has still not given that to us.
I'm really considering to walk away from this deal cuz I have a couple of days left in contingency. But I do really like the neighbourhood and the price is pretty good although there are things to update/upgrade.
If I do walk away then I will pay for the the fees already initiated and I will have to go thru searching for another house.
Should I be more objective and go thru the deal and suck up the extra cost. I don't really understand why would the seller do something like this unless they have an offer and want to make us quit?
Any thoughts on this? I'm not sure what I can do in terms of complaints. My agent suggested contacting the seller's broker. All this time I have not seen the seller agent so I'm suspect she hasn't even really view the property carefully meanwhile the sellers have moved out already and in another state.
Thanks!

[Twinkle Toes]

The place sounds like a dog. I'd walk - I mean RUN away from that place! If they lied to you about how many bedrooms/bathrooms and AC, what else are they hiding from you or lying about that you haven't discovered yet???

[pcjc]

Thanks for the replies.

Honestly the neighbourhood is quite good while house is alright but that is something that can be change over time. But you guys are right it is a buyer's market it might take a little more time for me to find another suitable location that I like.
I've decided to give them until end of today to show that they are willing to negotiate in good faith otherwise I walk.
Thanks for you input!

[Winston Smith]

You'll get a home inspection, yes? And, get a home warranty; maybe negotiate for this from the seller. If they won't get it for you, get it yourself as part of the escrow.

If the home inspection comes back clean, and if you have a home warranty, you're in pretty good shape for any surprises later on. You've said that you can live with the house even if it's not what was advertised.

The important thing is the location. You could find your perfect house, but if you don't like the location, you'll be miserable. (Believe me, I've been there.)

Take the house, contingent on a clean inspection report and a home warranty.

[mmouwse]

Walk. I got suckered into a similar deal a few years ago and it is taking me down. Walk. If they lied about 1 thing...2 things...they lied about everything. Walk. It is a buyers market and you will find something better. The RIGHT buy for you. The HONEST buy. No surprises.

[mmouwse]

oh...and..report this realtor agent and her broker to the state licensing board. They will be very intersted in heraring about the shananigans. They are licensed by the state for a reason-to help prevent this dishonesty.

[ferretkona]

I would run/walk away!

Sounds like your agent is compromised. They made a offer for a 4/3 with AC and the home is a 3/2.5 with out AC. And your agent has not pulled you out of this??????

Too many homes on the market right now. Find a new agent and look else where. Do not make a new offer on that house!

[James T]

pcjc, you've got a case here. It was the responsibility of one or both of the agents to do their DUE DILLIGENCE on this property. These oversights cannot be cast away simply as "mistakes" without there being consequences. It is one or both of their faults, and you have a credit coming. You should at least consult the California DRE regarding this matter. Easily, one or both of these agents could be called before the DRE on this matter, perhaps even have their license suspended.

[wall st kid]

When the novelty of the new house wears off, you'll be mad at yourself for not having A/C in this currently globally warming world. AC is a must.

Talk to a good lawyer. Sue for fees. They're pushing you around it sounds like. Push back.