I purchased a house in 2007 that was listed as a 3 bedroom 2 bath. However, in fact the house is a 2 bedroom with a den (1 room (den) doesn'...

Question

I purchased a house in 2007 that was listed as a 3 bedroom 2 bath. However, in fact the house is a 2 bedroom with a den (1 room (den) doesn't have a closet). While recently performing a tax appeal, all the tax records indicate that the house is a 2 bedroom. Do I have any recourse against the listing Realtor for making an error or falsifying the house listing? Does the Realtor error and omission policy cover for this type of falsification or mistake?

Obviously a property listed as 3 bedrooms has a much steeper selling price and appeal than the same house listed as a 2 bedroom house.

Thank you

Answer

Since it is now 3 years later it would be difficult to sue the listing realtor unless you can prove that she purposely made that error. Even then you might be dealing with a statute of limitations.

Answer

Also, if you saw the house before you purchased it, this [the fact that there was no closet in the "den"] is something that was visible. Apparently, at the time, you did consider it a 3rd bedroom, although it lacked a closet. When you settle on a property, you are accepting its condition, except where the seller has intentionally hidden a fact that is not obvious.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Answer

The other attys are very nice... THINK! You had time, you went through the LONG process of buying the house, you made your deal, and you clearly understood what you were buying. What would a jury of your piers say? They would say you made your deal, you have what you bargained for, why are you wasting out time?! People think you can sue for anything, but that's a lie, big business wants you to believe, so they can argue for "tort reform", to make it even harder for the little guy to sue when they get screwed... You can file suit, but you will lose. Focus on something valid and importnant.