Expert: liznarr - 3/5/2010

Question
"If a home plus outbuildings and land is listed with a realtor, the listing is posted MLS, can the seller then claim that the realtor got the facts wrong and that portions of the offer were not included in the asking price? We are trying to buy this property that has been advertised at a certain price, such price included a number of boat docks, garages and acreage. The seller now claims that the realtor got it all wrong, even though it has been listed for over 90 days at that price and included those things. Does the seller legally have to sell such property, everything included in the advertised price, at that asking price if we offer to buy it at full price?"

Answer
Hi Jean,

You need to contact the listing agent and ask to see a copy of the actual listing agreement that the Seller signed.  If the items you mentioned are spelled out in the listing agreement and signed off on by the Seller, I would think there is an obligation to sell everything at the FULL list price.

If, however, the Seller is now claiming that the Realtor got facts wrong and he/she signed the listing agreement (possibly without reading it or having had it explained FULLY to him/her by the Realtor), then this could end up being a legal issue, and I cannot advise you on that.  You should contact a good lawyer in your area for advice.

Most MLS printouts have a disclaimer that information is deemed to be reliable, but is not guaranteed; so that is the “out” for the MLS company.  Again, as to any dispute of the Seller and/or Realtor involved as to the accuracy of the information, you need legal advice.  At a bare minimum, the listing agent should correct the information IMMEDIATELY after they have been notified of any dispute, or else they could be accused of negligence and misleading the public, which would be a violation of real estate law.

I hope this helps.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth