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The one who screwed up is the listing agent who entered it as a 3 bedroom. It doesn't appear from the info shared that the space is actually illegal. It's a 2 bedroom house, not a 3.
Important question might be whether it has a 2 or 3 bedroom septic. That's probably the hardest thing to correct of you wanted it to become a 3 bedroom. It would need that and an egress window.
Excellent point Diana. I was wondering about that too. If the house is on a septic system it must be appropriately designed and permitted for 3 bedrooms. There should be engineering and permitting records showing where the county signed off on it.
That same house that we sold 2 years ago... we had this issue. Our agent (using the term loosely) admitted to telling people looking they could add 2 more bedrooms downstairs easily. This was where we very nearly fired him. The system on the house was designed to accommodate 3 bedrooms, nothing more.
However the buyers did have the field enlarged and the systems enhanced because they wanted bedrooms downstairs; that is how we discovered the problem with the permits in fact. That was a $60K upgrade according to the records, just saying.
Can you contact them directly? Do it quickly, like today. I would also copy your agent on that, just so that everybody is crystal clear on everything.
Yes, all parties are aware of the village assessment records, since a week. But, there is a refusal from sellers to accept this as a misinformation in the listing. The village assessment's representative did not want to assert authority on the realtors' advertising legality. They only wanted to comment on tax assessment & their own records.
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The one who screwed up is the listing agent who entered it as a 3 bedroom. It doesn't appear from the info shared that the space is actually illegal. It's just a 2 bedroom house, not a 3.
Yes, that is our feeling as well. It is misrepresentation, not necessarily deliberate fraud. What irked us more is the failure to address it even after genuinely asking them about it.
Regarding the septic system, the unit is connected to the village sewage line.
By the way, do purchase agreements typically mention the number of bedrooms or square footage? My document does not do it.
Did you not see the house before you put in an offer? Did you not notice that one of the bedrooms was in the basement? Did you not notice the "missing" 200 sq. ft? Why didn't you look at the tax records prior to making an offer?
While agents are required to put in accurate information in the MLS they are not required to follow the same rules or standards as a tax assessment does. There is no legal ambiguity. In my area agents are discouraged from using the tax assessment information because it's often not accurate.
The only issue you may have is the appraisal and how the appraiser values the bedroom.
The basement room has permit, but it is not considered by the village assessor as a bedroom.
As I said in the rep, I'd also threaten the agent with online feedback on how he doesn't work for his client, he's more interested in the sale commission.
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Originally Posted by twingles
If the basement bedroom is not permitted your solution is very simple, "Give me back my earnest money and I won't call the town inspector to come see your illegal basement bedroom".
Towns are cracking down on these, there have been incidents where people have become trapped in basements during fires.
Agree
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Originally Posted by rrah
Did you not see the house before you put in an offer? Did you not notice that one of the bedrooms was in the basement? Did you not notice the "missing" 200 sq. ft? Why didn't you look at the tax records prior to making an offer?
While agents are required to put in accurate information in the MLS they are not required to follow the same rules or standards as a tax assessment does. There is no legal ambiguity. In my area agents are discouraged from using the tax assessment information because it's often not accurate.
The only issue you may have is the appraisal and how the appraiser values the bedroom.
I wouldn't know to do that. I expect the agents to do the work.
Did you not see the house before you put in an offer? Did you not notice that one of the bedrooms was in the basement? Did you not notice the "missing" 200 sq. ft? Why didn't you look at the tax records prior to making an offer?
As naive as it sounds, I was not aware that there was an assessment office that maintains these records. Neither was I advised by my agent about it. I trusted the MLS listing & trusted what I was told. I stumbled upon the issue much later when planning modifications for myself.
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While agents are required to put in accurate information in the MLS they are not required to follow the same rules or standards as a tax assessment does. There is no legal ambiguity. In my area agents are discouraged from using the tax assessment information because it's often not accurate.
There is ambiguity about the basic facts of the property. Do we go with MLS or the tax assessment if there is significant disagreement? And this is primarily why I wanted to back off.
Yes, all parties are aware of the village assessment records, since a week. But, there is a refusal from sellers to accept this as a misinformation in the listing. The village assessment's representative did not want to assert authority on the realtors' advertising legality. They only wanted to comment on tax assessment & their own records.
Yes, that is our feeling as well. It is misrepresentation, not necessarily deliberate fraud. What irked us more is the failure to address it even after genuinely asking them about it.
Regarding the septic system, the unit is connected to the village sewage line.
By the way, do purchase agreements typically mention the number of bedrooms or square footage? My document does not do it.
Should you talk to your agent's (or maybe the selling agent's, or both) broker?
If you have backed out of the sale, did you not cancel the appraisal? The appraisal is costing you money. $500-1500 depending on the market. If you have backed out and the appraiser hasn't come yet.... definitely cancel it right away.
Unless you haven't backed out yet, and you aren't sure.
As naive as it sounds, I was not aware that there was an assessment office that maintains these records. Neither was I advised by my agent about it. I trusted the MLS listing & trusted what I was told. I stumbled upon the issue much later when planning modifications for myself.
There is ambiguity about the basic facts of the property. Do we go with MLS or the tax assessment if there is significant disagreement? And this is primarily why I wanted to back off.
I am looking forward to the appraisal report.
You go with what it's legally considered which is the tax assessment IMO. I'm not an agent, I used to be best friends with one. Legally, it's a 2 bedroom home with a bonus room or office in the basement.
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Originally Posted by Diana Holbrook
If you have backed out of the sale, did you not cancel the appraisal? The appraisal is costing you money. $500-1500 depending on the market. If you have backed out and the appraiser hasn't come yet.... definitely cancel it right away.
Unless you haven't backed out yet, and you aren't sure.
I think he's anticipating having issues backing out, that's how I'm interpreting it.
He will lose his $5,000 deposit and appraisal money
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