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November 15, 2009
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Response To: Misrepresentation (dzugg - 11/30/2001 01:13 PM)
Main Topic:

Should You Measure A Seller's Home?


Re: Misrepresentation
Posted By: Jim in Seattle - 11/30/2001 04:22 PM

You didn't leave an email address so I must hope you will see the response here. Yes, I am in agreement that the seller is at fault and that you should recieve a refund of all of your costs. Of course, I speak as a non-attorney, but one who has witnessed too many of these situations. Now, what I don't remember is whether you mentioned if the property was listed. I would think that if it were you would have already turned to the agent(s)involved. So, assuming it is an FSBO, I feel that your most practical solution is small claims court. The amount is not one that many attorneys would be able to deal with....your costs could be more than any refunds. In the future you might consider writing the following into an addendum to your contract, a clause that we often see here in Seattle: "If this transaction fails to close through no fault of the purchasers, the seller will reimburse the purchaser for the costs of all appraisals, inspections, title research, and other related costs, to a limit of $xxxxx" Some sellers find this fair and others balk. This may also be one way to learn if a seller has a guilty conscience.


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