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Updated over 2 years ago on . Most recent reply

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Ginger Spurlin
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Listed as a 4-3 but really a 3-2

Ginger Spurlin
Posted

Is the seller/agent accountable if they list a property as a 4-3 but the renovation/addition of the fourth bed and third bath was not permitted work, therefor,  it is still a 3-2 in the tax records and the appraiser didn't count it? Also affects the h/c sq ft.  Also should the buyer agent be responsible to discover that for their client?

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Kevin Sobilo
  • Rental Property Investor
  • Hanover Twp, PA
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Kevin Sobilo
  • Rental Property Investor
  • Hanover Twp, PA
Replied

@Ginger Spurlin, listing information is not guaranteed to be correct. Its up to the buyer to do their own due diligence.

However, look at the sellers disclosure. It may contain info about the addition. If for example, the current owners built the addition and states that it was permitted and inspected in the disclosure but it wasn't then the SELLER's may be liable for that erroneous disclosure and whatever it cost you. However, if the addition was built prior to the seller's ownership they would not have first have information about that so the disclosure typically would not address it.

Your own agent might discover or suggest that something like that should be investigated, but I don't think they would be negligent if they did not. If they did, I would give them a gold star.

It sounds like the appraiser discovered it, which is a good outcome since a low appraisal etc is cause to renegotiate anyways.

So, I don't see how you are out anything at this point. You discovered the issue before closing and with the opportunity to negotiate a resolution. 

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