Legal Question in Real Estate Law in New Jersey
Recently i am in process of purchasing a single family home in NJ. After attorney review completed during home inspection & valuation we found out that the flooring which was listed as Brazilian Cherry HardWood Floor is simply a laminated wood floor. When i tried to check the floor price in home depot they are almost LESS by 50% off.
Given the misrepresentation of information on the MLS listing by the SELLER agent do i have the right to get out of the deal and get all my deposit back???
Also can i press charges against seller real estate agent for FALSE representation of information and walk out of the deal???
2 Answers from Attorneys
Whether you can get out of the deal depends upon the language of the home inspection clause. If the floor issue is so important to the deal that you want to get out, you should obtain a lawyer, get an opinion as to whether or not the language of that clause would allow the negation of the deal and then move in that direction. Or maybe you can negotiate a lower sales price. As to pressing charges, I doubt that this statement in the MLS would arise to criminal intent.
Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Feel free to call me at 856-546-8010. Mention Law Guru and your first consultation will be "no charge". Good luck. Rob Gleaner
I would agree that there was probably no criminal intent but the misrepresentation may give rise to either a price reduction or cancellation.
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