Legal Question in Real Estate Law in Arizona
Home Inspection
We were looking to buy a home in Pinetop AZ we are pre-approved for a conventional loan to purchase a home(modular,site built)not a manufacturede home. We found a home and on the MLS it stated it was a Modular home.So we proceeded to purchase the home and paid for a home inspection.It came to the apprasial and we found out that it indeed was a manufacture home. Do I have the right to recieve the money back from the home inspection due to Falsified MLS listing? or do I have to take the exspensive loss???
3 Answers from Attorneys
Re: Home Inspection
No, if there was a material difference between what you contracted to buy and what you ultimately received, you have a very actionable claim herein. You could sue for the difference in damages or you could request injunctive relief from the court if monetary damages are not sufficient under the factual circumstances. If you would like further, affordable assistance, contact us directly.
Re: Home Inspection
You need to contact a lawyer in Arizona. Even though you reside in California, your question involves interpretation of Arizona law.
I would not be suprised if it was my father who performed the appraisal. He operates in the White Mountains, and is keen on noting whether homes are modular or manufactured. It is typical for a real estate agent to have a misleading or erroneous MLS.
Very truly yours,
Re: Home Inspection
The fact that the home was not as represented in the listing on the MLS gives you the right to terminate the purchase contract and get your earnest money deposit back in full. The cost of the home inspection is your expense, however, you would not have incurred that expense if the seller had not misrepresented the home. The usual cost of a home inspection is around $350-400, so you could pursue the broker and/or the seller. A lawyer would cost too much for that kind of recovery but you could pursue a small claims action against them. Also, it seems to me that the difference between modular and manufactured is clear and obvious, so at the least, you should complain to the AZ Dept. of Real Estate about the agent and designated broker who placed the listing in MLS.