Unfair Marketing or Selling Strategy?

Hi Joanne,

                    In our state of NH our MLS has required fields that the listing agency must include in the data fields. Taxes and square footage are required fields. Fireplace is not. Yes, fireplcaes may help sell but unless those fields are required they don't have to list them.

On our tax cards assesed value is on the card but is not a required MLS field.

I believe this is more of an MLS issue.

I hope this helps.

Thanks Jay 

In California; if the property sold, and the buyer discovered  the misinformation in the MLS, it would probably end up in a lawsuit with the seller and the seller's agent paying the cost to install a new fireplace, loss of value, punitive damages, etc., etc. 

Here, an agent must make a "diligent visual inspection" of the property, and an error of that nature in the tax record would have been discovered.  Once discovered, the error would need to be disclosed to a potential buyer in writing.

I see you are in New York.  I would imagine New York has equally tight disclosure laws?  Maybe this listing agent made a simple clerical error?  Like putting a check mark in the wrong box on the MLS data entry form?  And maybe you could make a polite courtesy phone call and inform the agent of her error??

Sounds like misrepresentation which is against our code of ethics!

-James

Joanne, our MLS has a report feature on the system that if we see something that is incorrect it goes to the board and they handle to correct..  Also, there are Realtors out there that take a listing and just go by the tax record to put the information together....  Did you call the Realtor?  Perhaps it is an honest mistake....

People looking for a house with a fireplace will be disappointed. Those who don't want one (I have worked with them!) will skip over it.

Hopefully it is a typo, clerical error rather than misrepresentation. I'd give them the benefit of the doubt, let them know of the error.

Let me tell a story about one of our clerical errors several years ago.  The error occured in a print homes-type magazine, not in the MLS. 

When the secretary filled out the magazine's ad form, in the line for the number of bathrooms - in this case 1 3/4 -- the four in the 3/4 sort of spilled into the fireplace field on the form -- and the ad was printed showing 4 fireplaces!  We didn't notice the error until the 2nd run on the ad.  Oh dear.

Several months later a buyer whose offer was rejected found a copy of the mag containing the error, and sent off a complaint letter.

So yes, clerical errors do happen to the best of us.

Hi Jo,

Oh, The fireplace thing!  As you know, the Hudson Valley MLS rules actually help the listing agent, in that the disclaimer on all listings that "information is deemed accurate, but not guaranteed" has held up in NYS courts. I know this because I actually erred on a listing indicating that the siding was cedar shingles on a home, when in fact it was both cedar and asbestos, and the buyer, having waived professional inspection, tried to sue for the removal costs of the "dangerous" asbestos shingles.  His case was dropped.  The recent ruling in Rockland County regarding mold discovered after a home inspection and purchase, also led to a court ruling citing "caveat emptor", "Let the buyer beware." Now in this situation, the fireplace clearly should not be listed, but it is an item that can't be missed as anyone looking for a fireplace will ask "Where is it?" It will reflect in the selling price if someone really wants that home. 

The square footage is another item that I think the Hudson Valley Mls should address.  I know that many homes have finished square feet that is not included on the taxes.  This raises the issue of legality and CO's.  Rather than advertising sq. footage as less than actual, agents simply choose not to list it.  THIS IS RIDICULOUS! Tax sq. footage should always be listed and comments on actual area can be noted in comments. I can't believe our MLS allows this.

Hey Stefan what is "innocent misrepresentation?"  

If a house was built in 1850 but the listing agent has it listed as 1950 I would guess that was a typo and the buyer looking at the house should know it was built in 1850 not 1950 and would not rely on that info.  Or can the listing agent be legally liable to make that house a 1950 house?  Not that you would want a historic home to be made into a 1950 home... not that there is anything wrong with a  home built in 1950.