Legal Question in Real Estate Law in California

Re: MLS Listing

Have you demanded that there be a reduction in the price because of the lack of those items? If you signed the standard real estate purchase agreement then it gave you a certain time to have the inspection and then back out of the agreement if you were not satisfied. If you let that time pass without objecting, since you knew of the lack of the AC, it would be difficult to back out now because you accepted the house as you knew it to be. Your agent should have told you that. You can make a demand but I think you have a very weak case; you might be able to get the owner or the agents to give you some money back if they want the sale to go through.

The MLS states that the ;nformation it provides is based upon what it is told by the listing agent or owner and is not responsible for any differences because it has not made any inspection. Your agent may be responsible for not propertly representing you; they will be getting half of the real estate commissions and you should see if they will give you some of that back to get an AC system.

Re: MLS Listing

Your beef would be with the seller, his broker and agent, and perhaps with your own, rather than the MLS.

As Mr. Shers suggests, re-read your purchase contract to see if it requires you to make objections based upon the inspector's findings within a certain time. A timely objection and request for a price adjustment is by far the better course. Suit for misrepresentation would be expensive, time-consuming and overall a big pain even if you win. This is probably a couple thousand dollars issue at most, if the house already has a furnace and forced air ducting.

Re: MLS Listing

Your beef would be with the seller, his broker and agent, and perhaps with your own agent, rather than the MLS.

As Mr. Shers suggests, re-read your purchase contract to see if it requires you to make objections based upon the inspector's findings within a certain time. A timely objection and request for a price adjustment is by far the better course. Suit for misrepresentation would be expensive, time-consuming and overall a big pain even if you win. This is probably a couple thousand dollars issue at most, if the house already has a furnace and forced air ducting.