Expert: Karyn Foley - 7/29/2008

Question
I am from Canada and recently purchased a home in Arizona.  After initially viewing the property and then returning to Canada, I realized that I had not seen the "Covered Parking" shown on the Property listing.  I had put down a deposit and then sent my realtor an e-mail explaining that I could not remember seeing the Carport as listed.  I asked to verify that the property includes a Carport.  The response was "Yes" they checked it out and it did include a Carport.  It turns out all they did was check the list sheet which wrongly stated that a Carport and assignem parking was included.  Did my agent fulfill her fiduciary responsibility or was more required?

Answer
Dear Jim:  Your agent relied upon another agent's listing sheet that stated that there was a carport and assigned parking.  The listing agent should have put in writing that this was an error during the negotiations.  I think she is the one to be held accountable.  Both you and your agent should have, however, done your due dilgence and looked for all features listed.  Your agent may also have some responsibility for this as well.  Keep in mind, that I cannot offer legal advice as I do not have a law license and you need to seek assistance from an attorney.  If the transaction has not closed, you may be able to cancel the agreement because a car port and assigned parking were important and mandatory for you, and you would not have purchased the home had they not been available.  If the transation closed, then you should call the attorney and see what can be done if you want to rescind your purchase.  If you just want money to compensate and want to keep your new home,try to reason with the manager or owner of both of the real estate offices involved.  Small claims court is an option, but it is always a hassle, there is a monetary limit, and even if you won you could have a problem collecting.  Good luck on an unhappy situation. Let me know what happens, KARYN FOLEY