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We recently purchased a home that was listed by the sellers' agent as a 1900 sq.ft. 4 bedroom home. Two of the bedrooms are in a refinished basement (non-walkout). After closing, we had some work done to the house at which time we were told that the home is not technically a 4 bedroom home because the 2 basement bedrooms are not up to code in terms of egress. He also stated that because of that, the home should not have been listed as a 4 bedroom home and the sq. footage of those rooms should not have been included in the listing. Our agent never mentioned that to us, but when we discussed it with her, she told us that she would have never listed it as a 4 bedroom home. Thus, if we were to turn around and sell it tomorrow, it would only be considered a 2 bedroom home with less sq. footage. Our only option is to build coded windows with window wells in the two rooms. Does anyone know if we have recourse in this situation against either of the agents? No one told us before hand that the rooms were not up to code and could not be considered bedrooms.
It's up to the buyer to do those investigations as part of your inspections. So you might have no recourse. Did your inspector notice the bedrooms weren't up to code? Did it appraise at your purchase price?
most states require agents to disclose material facts affecting value of the home. It appears at least your agent knew and did not disclose.
If you really want to pursue this, a lawyer is your next stop.
Sure. If you can you can contact an attorney. Or first, you can add in just to stir things up your local Board or Association of Realtors. And your State board or association. And your state corporation commission and you state department of professional licensing, sometimes run by the state's attorney's office. Much of this can be done online.
KEEP a paper trail. If you haven't already, email your ... well, she wasn't acting as your...realtor confirming your conversation with her and that it was interesting (ambiguous word) to hear her say whatevershesaid.
After that don't deal with her.
Send her Broker/Owner an email stating the simple facts and the realtor's response and that you have registered complaints with....list.
This woman was not acting as a buyer broker. If she had you sign something to the effect that she was...good...all the more on your side.
Some people need a law because they are not normally honorable, moral and ethical. You have been tremendously damaged at great cost. If the realtor claims she is new....too bad. She's a grown up at least. She and her broker should have checked her work constantly and had her partner with someone.
Got for it. But after you do all these things, see what they offer. They may somehow rescind the sale if that's possible in your area, or pay the difference from 2-4 bedrooms, or pay for the window wells, etc. If you haven't be then, at that time DO DO go to an attorney to write up the agreement if you reach any. This other side has let you know they cannot be trusted...even to revealing to their client what they already know.
Just curious, OP. Was the price you paid comparable to the amount you would have to pay for a 4 bedroom or a 2 bedroom? It seems to me that you would not be expected, as a buyer, to know what code requires for a room to be considered a bedroom, and if you paid what a four bedroom home would cost, then you have been damaged financially by your agent's failure to alert you to the situation. I don't see it as a disclosure issue, per se, but I do see it as a problem for your agent. You might want to see if a local real estate attorney will give you a free initial consultation.
I'm kinda wondering how someone buying a four-bedroom home, where two of the bedrooms were in the basement, wouldn't think to ask questions about those two bedrooms during the purchase process.
I'm kinda wondering how someone buying a four-bedroom home, where two of the bedrooms were in the basement, wouldn't think to ask questions about those two bedrooms during the purchase process.
I don't know if this applies to the OP but with all the HGTV types shows, does no one every remember that a bedroom in the basement always must have some opening to the outside in order for it to be counted as a bedroom? Including a closet? Maybe it's just me then.
Can I ask who told you that the bedrooms weren't to code? Was it the county inspector, someone who pulled the past permits, or just a contractor who was working on your house? Just curious because codes change and sometimes bedrooms are grandfathered. How is the property assessed for tax purposes?
Closet is not necessary. Just specific egress rules, height rules, and square feet of floor space.
In certain states, yes a closet is needed for it to be counted as a legal bedroom.
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