I bought a house in Arizona. The home description says the pool was resurfaced. After I closed and moved into the home. I needed the pool serviced, because it was green. The pool service technician told me the pool needed to be resurfaced. I showed him the description and he said it had not been and the description was a lie. I contacted the listing agent and they said that the description was wrong, but it was my responsibility to confirm anything I had a question about. I obviously did not have question about it since the pool was full and could not tell it ha not been resurfaced as it was advertised.
Do I have a case against the sellers?
1 Answer from Attorneys
Typically, a buyer has the responsibility to confirm the condition of the property prior to purchasing. However, false statements on the part of a seller or his/her agent can result in a claim against them. You have a duty to inspect your property, but they have a duty to act in good faith and not lie about the property's condition.
You may have a case against the seller and/or the listing agent. I would certainly not take the listing agent's word for it. However, your likelihood of success is going to depend on the particular facts of the case. For instance, what you observed or could have observed, what the seller told you, what the seller's agent told you, and what the seller told his/her agent.
I would need more information in order to provide you with a more definite answer. Feel free to contact me if you would like to discuss things further.
-Riley S. Snow
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