Can i get sued for calling this new?

12 Replies

We just completely rehabbed a home. Kitchen/bath down to the studs. Home is in Missouri. We were told that we can't call it a "new" kitchen but must use the word newer. Same with like "new" appliances. Etc. Is that true? I would think appliances that have never been turned on and a bathtub that's never been wet would be called new. Am I wrong here? 

no, i wouldn't say you are wrong about appliances and a tub being new if they are, in fact new. if they have never been used before, then they are new. they still call a car new if it is new even though its sitting on a dealership lot that has been there for 50 years, don't they??? as for the kitchen, if the cabinets are new, the flooring is new, the paint is new, and everything else, well, guess what??? its new. it might be an old house but its still a new kitchen to the house isn't it? if you bought your wife a diamond ring and put it on her 30 year old hand, is the ring used or new????

You can get sued for anything is the short answer but what is there to gain?  Can't you say the kitchen was remodeled 8/15 and list the improvements?  I can't imagine that would get you into trouble.

@Ryan Dossey Every local MLS has rules on what words you can and can not use. I would ask your local agent in Missouri to check with their broker to see what is allowed. The rules are usually derived from the local laws (though not always) and many agents do not even know these specific rules and laws. For instance in Maryland and DC (Though I think in Virginia you are allowed to) we are not supposed to use the term "walking distance" in our listings, although you see it very very often.

Great points guys I like giving the remodel date. This was a down to the studs rehab of the kitchen/bath. I'm not saying new house, like new home, or anything remotely similar. 

But "This is a new dishwasher with the plastic still on it" Vs. "newer" just seems to imply used. I'm not even saying "new kitchen". I'm talking about: Completely remodeled kitchen. Including new custom cabinets, granite, and new SS appliances."

simple. If you have to ask the question, there's an issue. Call it what it is. Do these all the time in VA. "Original structure built 19.... Taken down to studs and rebuilt with all new systems". In date field on MLS sheet, I put date originally built.

Mark your missing what I'm saying..... 

Obviously on MLS sheet the date is the date of the homes original build. That was never the question

The individual who brought up this question would state your "all NEW systems" comment would get you sued. You would need to say "all newer systems".

It's semantics but that's the reason for asking the question. 

The rehabs like this I do have "all new systems".   None of the original, electric, plumbing or a/systems are reused.  They are all new as is everything else from the studs out.  If that's not what you're doing, disregard my comments. 

Here in Orange County I see agents all the time list homes as being "new", when in fact they are completely remodeled. It really irks me, since we actually build "new" and people are used to the term meaning remodeled, which gets confusing. I think new should actually be new. If something is remodeled down to the studs, say that, if things have been replaced, say what and when, etc. You can say it looks "like new" but a remodeled older house is still an older house. A new house is a new house. 

If you say new kitchen and it is evident it is not the whole house, you would need to be really dense to not get that. Even so there are always rules (and people who are really dense).  The more descriptive you get the more accurate you are. Many people are not going to see a difference in new vs. newer but I just don' like "newer" it could mean anything. Specifically describe it. I like remodeled in 8/15.  New appliances are new appliances, I am not sure how that could be an issue.   Getting sued well that is something that can always happen.