Legal Question in Real Estate Law in Ohio
False Information in Home Marketing Materials
We recently purchased a home that was advertised as having built-in shelving in the mudroom and dual furnaces - which we considered in our offer price. Both of these ''home highlights'' turned out to be false. During the inspection, we discovered that there was only one furnace. The seller's realtor confessed that the marketing material was incorrect - the home was equipped with a dual-zone furnace, not 2 furnaces. However, upon moving in, we've discovered that the furnace is not dual-zone after all. Also, while we did see the shelving during the inspection, when we visited the home moments before closing, all of the shelving units were removed. We tried to resolve the issue, but could not delay closing because we had to vacate our previous residence. Is there any course of action we can take?
1 Answer from Attorneys
Re: False Information in Home Marketing Materials
What is in the disclosure form provided by the seller regarding the furnace? This is probably not actionable.
Were the shelves permanently attached (did it cause damage that needed attention when the shelves wewe removed)?
Were the shelves specially adapted to the property (cut to size, etc.)?
If either of the above are true, the shelves belong to the property unless excluded from the sale in the contract.
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