by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C.

Question:

The MLS information stated that ” new roof to be installed in thirty days.” One week later the seller and buyer entered into a Contract with no mention of a new roof. In the BINSR the buyer requested extensive repairs to the roof, or the installation of a new roof. In the seller’s response, the seller stated that no roof repairs would be made, and that no new roof would be installed. The buyer wants the home. Is the seller required to install a new roof or at least make repairs to the roof?

Answer:

Probably not. In general, any statements in the MLS cannot be relied upon by a buyer. Statements in the MLS such as ” refrigerator included” must be in the Contract, and statements such as ” three miles to the nearest school” must be verified by the buyer under lines 187-188 of the Contract. In the rare circumstance where a buyer could not reasonably verify the MLS information the buyer should have a claim against the seller. For example, if the MLS information wrongfully states ” plumbed for a third bathroom,” and the buyer could not verify the information without removing the tile flooring, the buyer should have a claim against the seller if the buyer wants a third room at a later date.

The above is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant. Reprinted with permission. Copyright 2007, all rights reserved.

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