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urgent help with a house purchase problem

urgent help with a house purchase problem# Living

c*f2015-08-13 07:08

1 楼

All contingencies have been removed by bow, and escrow will close in three
weeks. The house is of one-floor, but there is a finished studio of 250 sqft
on the second floor of the garage (with a closet, no bath, but permitted).
The studio can serve as a nice study, but can only be accessed from the
backyard, not from the inside of the house.
The listing says the footage is 1800, and I was told the studio is an
additional bonus room. When we made offer (more than 1M), one of the reasons
why we were willing to accept a crazy price was the bonus room, besides
excellent location. I happened to read closely the appraisal report, and
found out the 1800 footage includes the bonus room. This means the real
footage of the house is 1550 sqft. 250 difference is just too much. I'm
considering what action I should take and what option I will have. Any
suggestions and advices are highly appreciated.

d*r2015-08-13 07:08

2 楼

没戏了，listing的可以不准，一切以property tax为准。不过你可以争取一下，同律
师商量。

sqft
.
reasons

【在 c*f 的大作中提到】

: All contingencies have been removed by bow, and escrow will close in three
: weeks. The house is of one-floor, but there is a finished studio of 250 sqft
: on the second floor of the garage (with a closet, no bath, but permitted).
: The studio can serve as a nice study, but can only be accessed from the
: backyard, not from the inside of the house.
: The listing says the footage is 1800, and I was told the studio is an
: additional bonus room. When we made offer (more than 1M), one of the reasons
: why we were willing to accept a crazy price was the bonus room, besides
: excellent location. I happened to read closely the appraisal report, and
: found out the 1800 footage includes the bonus room. This means the real

c*f2015-08-13 07:08

3 楼

We checked if it includes the bonus room, and they told no.
You meant property tax has information of footage? where I can find it.
Thanks!

【在 d********r 的大作中提到】

: 没戏了，listing的可以不准，一切以property tax为准。不过你可以争取一下，同律
: 师商量。
:
: sqft
: .
: reasons

t*n2015-08-13 07:08

4 楼

Again and again... why don't you guys do due diligence... Calling/visiting
town hall before P&S won't kill you.
At this stage, you have very limited choice... living with it is the easiest
one.

c*f2015-08-13 07:08

5 楼

I did go to city hall to check the footage, but it does not explicitly say
it includes the bonus room or not...

easiest

【在 t*********n 的大作中提到】

: Again and again... why don't you guys do due diligence... Calling/visiting
: town hall before P&S won't kill you.
: At this stage, you have very limited choice... living with it is the easiest
: one.

a*r2015-08-13 07:08

6 楼

The bonus room is more than likely included in total footage, if they
applied permit to build. I'm not sure just a thought.

t*n2015-08-13 07:08

7 楼

Then you did your work... You should feel better at least:) as it is not
your fault...
Be honest, there is very limited options for you... accept it and if you
have evidence, like email thread between your agent and you, showing that he
/she did not check footage and mislead you, you can leave negative feed back
to local realtor association. Any other options might need attorney
involved and it will cost a lot before you can earn anything...
Plus, 250 is not a huge diff...

【在 c*f 的大作中提到】

: I did go to city hall to check the footage, but it does not explicitly say
: it includes the bonus room or not...
:
: easiest

c*f2015-08-13 07:08

8 楼

My impression is that my agent also assumed that 1800 footage includes the
bonus room. It is more likely that the selling agent misled us.
Without 250, the real footage is 1550, which makes the price not crazy but
ridiculous.
Thanks...

he
back

【在 t*********n 的大作中提到】

: Then you did your work... You should feel better at least:) as it is not
: your fault...
: Be honest, there is very limited options for you... accept it and if you
: have evidence, like email thread between your agent and you, showing that he
: /she did not check footage and mislead you, you can leave negative feed back
: to local realtor association. Any other options might need attorney
: involved and it will cost a lot before you can earn anything...
: Plus, 250 is not a huge diff...

b*y2015-08-13 07:08

9 楼

Go get an attorney now, don't waste any time here to shit-bat. You got a lot
at stake in the deal, and you can socialize and tell ur story later.

d*r2015-08-13 07:08

10 楼

so what is the footage in township? if it is 1800, there is nothing you
should complain.

【在 c*f 的大作中提到】

: I did go to city hall to check the footage, but it does not explicitly say
: it includes the bonus room or not...
:
: easiest

c*52015-08-13 07:08

11 楼

there is not too much you can do as all contingency has been removed. If the
bonus space is with permit, most likely township record should have it
included in footage. To confirm the footage is your homework before you
remove contingency, if you didn't do that, for now, you can consult with
your attorney, but I doubt he could do anything.

c*f2015-08-13 07:08

12 楼

The county appraiser's office record shows it is 1800. This footage was
recorded in 80's, while the bonus room was added in 1982. So, I guess 1800
includes the bonus room, even though no record says this explicitly.
As I mentioned, when I made and accepted offer, I though it was 1800 plus
the 250 bonus room, as the seller's and my agent suggested. That's totally a
500 difference.

【在 d********r 的大作中提到】

: so what is the footage in township? if it is 1800, there is nothing you
: should complain.

d*r2015-08-13 07:08

13 楼

there is no difference. No matter what the seller said, township information
is the only legal information. Only when county information is not
available, for example new construction, the info from seller may be deemed
legal bound.
Being said that, if you have email evidence, you still can find a lawyer and
make a case, although the chance to win is not that great.

a

【在 c*f 的大作中提到】

: The county appraiser's office record shows it is 1800. This footage was
: recorded in 80's, while the bonus room was added in 1982. So, I guess 1800
: includes the bonus room, even though no record says this explicitly.
: As I mentioned, when I made and accepted offer, I though it was 1800 plus
: the 250 bonus room, as the seller's and my agent suggested. That's totally a
: 500 difference.

t*y2015-08-13 07:08

14 楼

I handled one case like this. the result is we get 40k back and changed the
p&s price.
the story is: before we make offer, I checked public record. found 900sqft
difference out of 5500sqft. so when we met the seller agent, I asked about
the area discrepancy first thing. she explicitly confirmed there is addition
to make total 5500. so when I send in offer, I add one setence: the offer
is based on two conditions: 1. total area 5500. seller agent provide proof.
2. septic tank pass report.
then seller agent did provide refinance report about the area 5500.
however, the appraisal came back as 4600. then we talked with appraiser, she
admit she didnt do measurement carefully since it was 3ft snow outside.
then we requested second measurement, the result is 5000.
buyer contacted attorney, she said it is beyond her work and buyer needs to
find another attorney for dispute.
but I talked with seller agent, and told her clearly we need negotiate about
price since she gave wrong information.
it was a tough discussion. finally I asked buyers to signed the release form
. which clearly show our attitude.
finally, seller agent give $5000 out of her commission and seller gave $
35000.
so for your case, you need to make sure the measrement is right. dont
believe any record. town record can be wrong too. if you feel you got misled
by seller agent, prove it. and
you need to stand up and ask for price adjustment, the worst case, you will
be enforced to buy this property. dont expect your attorney to handle this
for you. in my case, she is useless.
good luck

sqft
.
reasons

【在 c*f 的大作中提到】

c*f2015-08-13 07:08

15 楼

Thanks a lot. Unfortunately I found the problem after making/accepting the
offer, and we also do not have hard evidence such as email that the seller's
agent said the bonus room was not included when we asked her. What would
you suggest me to do under this circumstance?

the
addition
she

【在 t*******y 的大作中提到】

: I handled one case like this. the result is we get 40k back and changed the
: p&s price.
: the story is: before we make offer, I checked public record. found 900sqft
: difference out of 5500sqft. so when we met the seller agent, I asked about
: the area discrepancy first thing. she explicitly confirmed there is addition
: to make total 5500. so when I send in offer, I add one setence: the offer
: is based on two conditions: 1. total area 5500. seller agent provide proof.
: 2. septic tank pass report.
: then seller agent did provide refinance report about the area 5500.
: however, the appraisal came back as 4600. then we talked with appraiser, she

t*y2015-08-13 07:08

16 楼

if you are pretty sure the area is 1550. have a frank talk with seller agent
. if it is hot market, maybe seller can let you go without holding your
deposit.
but frankly speaking, if you got the property after hard bidding, just go
ahead to buy it. number is a number, you saw the house and dont feel small
anyway.

's

【在 c*f 的大作中提到】

: Thanks a lot. Unfortunately I found the problem after making/accepting the
: offer, and we also do not have hard evidence such as email that the seller's
: agent said the bonus room was not included when we asked her. What would
: you suggest me to do under this circumstance?
:
: the
: addition
: she

k*a2015-08-13 07:08

17 楼

does any rider say the footage must be accurate?

t*y2015-08-13 07:08

18 楼

so far, I didnt see any P&S has that clause. normally only something about
code compliance.
also it is hard to claim accurate or not. different apprasers give different
answer. some count stairs as half area, some not count. also for cathedral
ceiling, some times 1.5. some only times 1.

【在 k*****a 的大作中提到】

: does any rider say the footage must be accurate?

c*f2015-08-13 07:08

19 楼

You suggested me to measure the area again, as the appraiser might make
mistake? Our situation is that the seller's agent told the total 1800
footage does not include the 250 bonus room. When we made/accept offer, we
had thought what we got is 1800 plus the 250 bonus room. But I just found
from our appraisal report that the 1800 footage includes the 250 bonus room.
We got the property after two round of counter offers.

agent

【在 t*******y 的大作中提到】

: if you are pretty sure the area is 1550. have a frank talk with seller agent
: . if it is hot market, maybe seller can let you go without holding your
: deposit.
: but frankly speaking, if you got the property after hard bidding, just go
: ahead to buy it. number is a number, you saw the house and dont feel small
: anyway.
:
: 's

c*f2015-08-13 07:08

20 楼

The house is of one-floor, and the bonus room is on the second story of the
garage. We can only access the bonus room from the backyard, but not from
the inside of the house.

different
cathedral

【在 t*******y 的大作中提到】

: so far, I didnt see any P&S has that clause. normally only something about
: code compliance.
: also it is hard to claim accurate or not. different apprasers give different
: answer. some count stairs as half area, some not count. also for cathedral
: ceiling, some times 1.5. some only times 1.

t*y2015-08-13 07:08

21 楼

talk woth appraiser and see if he is sure about the area.

the

【在 c*f 的大作中提到】

: The house is of one-floor, and the bonus room is on the second story of the
: garage. We can only access the bonus room from the backyard, but not from
: the inside of the house.
:
: different
: cathedral

c*f2015-08-13 07:08

22 楼

Thanks...

【在 t*******y 的大作中提到】

: talk woth appraiser and see if he is sure about the area.
:
: the

b*h2015-08-13 07:08

23 楼

Get your math right, it is 250 difference.

a

【在 c*f 的大作中提到】

c*f2015-08-13 07:08

24 楼

yes :-), but you feel from a 250 bonus to a 250 negative (as it is not
convenient to access from the inside of the house).

【在 b****h 的大作中提到】

: Get your math right, it is 250 difference.
:
: a

k*a2015-08-13 07:08

25 楼

then you have no shot, 250 is nothing, take it

different
cathedral

【在 t*******y 的大作中提到】

c*f2015-08-13 07:08

26 楼

I hope I can take it. But it is not simple as that. With 1800 the price is
crazy which is fine to me, but
with 1550 the price is ridiculous.

【在 k*****a 的大作中提到】

: then you have no shot, 250 is nothing, take it
:
: different
: cathedral

c*f2015-08-13 07:08

27 楼

Plan to talk to seller. What you think is the price difference if there is a
250 difference in the floor size (1800 vs 1550; plus a 250 bonus room that
can only be accessed from the backyard). The price we accepted based on 1800
plus 250 bonus room is about 1.3M. Thanks...

【在 c*f 的大作中提到】

: I hope I can take it. But it is not simple as that. With 1800 the price is
: crazy which is fine to me, but
: with 1550 the price is ridiculous.

k*a2015-08-13 07:08

28 楼

in nyc, a 600 sqft place dares to sell as 900 sqft

【在 c*f 的大作中提到】

: I hope I can take it. But it is not simple as that. With 1800 the price is
: crazy which is fine to me, but
: with 1550 the price is ridiculous.

c*f2015-08-13 07:08

29 楼

but did the buyer knew this in the beginning?
In our case, we probably would still buy the house if we found out the
footage issue or were told the 1800 includes 250 bonus room in the beginning
. But things are felt very different when you find it out afterward.

【在 k*****a 的大作中提到】

: in nyc, a 600 sqft place dares to sell as 900 sqft

l*r2015-08-13 07:08

30 楼

since the appraised price is not lower than your offer price. it seem you
are still paying a reasonable price.

beginning

【在 c*f 的大作中提到】

: but did the buyer knew this in the beginning?
: In our case, we probably would still buy the house if we found out the
: footage issue or were told the 1800 includes 250 bonus room in the beginning
: . But things are felt very different when you find it out afterward.

v*t2015-08-13 07:08

31 楼

一般来说有permit就是包括在房屋面积里面的了。这是一个常识你当时买的时候就应该
清楚的。所以我觉得你买这个房子在面积方面讲并没有亏。
但是我觉得你可能是被房地产中介误导了。你有没有被他们误导的文字根据还是说当时
只是他们口头说的如果有的话我觉得你可以去告房地产中介。卖方在这件事情上没有任
何责任。

T*e2015-08-13 07:08

32 楼

Lising可以和appraisal and record不同。但是得有根据。比如说it includes the
lower level as such. Or doesn't...如果你有证据证明seller or your agent leads
you believe that the listing doesn't include the footage of the bonus room,
I do believe you have a case. I can find you a case law for that. But I am
agent, not a lawyer. You need to find a lawyer if the seller doesn't budge
if the misrepresentation is from the seller. At this point, be careful of
what you say to your buyer agent too as the misrepresentation could come
from your agent.

sqft
.
reasons

【在 c*f 的大作中提到】

c*f2015-08-13 07:08

33 楼

I did not have written evidence about listing agent. When we saw the house,
she promoted it as a bonus, permitted room. Also, looking back, in the
listing they use word very carefully, which says "studio" instead of usual "
bonus room" or "guest room".
As for my agent, she assumed the bonus room was not included right from the
beginning, which I have written evidence. Should I also hold him accountable
for the situation? Thanks.

【在 v********t 的大作中提到】

: 一般来说有permit就是包括在房屋面积里面的了。这是一个常识你当时买的时候就应该
: 清楚的。所以我觉得你买这个房子在面积方面讲并没有亏。
: 但是我觉得你可能是被房地产中介误导了。你有没有被他们误导的文字根据还是说当时
: 只是他们口头说的如果有的话我觉得你可以去告房地产中介。卖方在这件事情上没有任
: 何责任。

c*f2015-08-13 07:08

34 楼

Thanks!
My own agent definitely led me to believe that, as she assumed space over
garage without direct access from the house is usually not included in the
sq ft. I have written evidence for this. Should I also hold my agent
accountable?
When we saw the room, the listing agent promoted it as a bonus, permitted
room. Also, looking back, in the
listing they use word very carefully, which says "studio" instead of usual "
bonus room" or "guest room". When my agent told him the house is only 1550,
his response is "you are kidding?".

leads
room,
am

【在 T*******e 的大作中提到】

: Lising可以和appraisal and record不同。但是得有根据。比如说it includes the
: lower level as such. Or doesn't...如果你有证据证明seller or your agent leads
: you believe that the listing doesn't include the footage of the bonus room,
: I do believe you have a case. I can find you a case law for that. But I am
: agent, not a lawyer. You need to find a lawyer if the seller doesn't budge
: if the misrepresentation is from the seller. At this point, be careful of
: what you say to your buyer agent too as the misrepresentation could come
: from your agent.
:
: sqft

s*o2015-08-13 07:08

35 楼

真是有一个是一个，自己不去查SQ FOOTAGE，ASSUME这个那个的
我这都是小黑房，GARAGE改成BEDROOM当成高大上去卖，买的是时候5万
现在卖60万，以前是800SQ FT,现在是1500，没PERMIT，自己不调查
研究，上当受骗只能怨自己。

c*f2015-08-13 07:08

36 楼

I did my work, and county record does not say explicitly what is included.
According to my own agent and also the appraiser, finished space over
garage without direct access from the house should not be included in the
square footage even if it is permitted.
We received the appraisal report pretty late, we had already removed all
contingencies by then.

【在 s**********o 的大作中提到】

: 真是有一个是一个，自己不去查SQ FOOTAGE，ASSUME这个那个的
: 我这都是小黑房，GARAGE改成BEDROOM当成高大上去卖，买的是时候5万
: 现在卖60万，以前是800SQ FT,现在是1500，没PERMIT，自己不调查
: 研究，上当受骗只能怨自己。

v*t2015-08-13 07:08

37 楼

如果你的经济是以非常肯定的语句书面告诉你说楼上的那个房子是没有算在一千八百面
积里面的你应该是可以去告你的经济的。
不过卖方和卖方的经济在这里由于你没有任何证据所以你拿他们没有任何办法的。
如果要上法庭建议你找一个律师咨询一下。
不过我觉得这个房子你是必须要买了要不然你就必须要想知道你的定金了。实际上根据
常识你看一千八百和一千五百的房子自己也应该能够看出来
[在 cef (()) 的大作中提到：]
：I did not have written evidence about listing agent. When we saw the house
, she promoted it as a bonus, permitted room. Also, looking back, in the
：listing they use word very carefully, which says "studio" instead
of usual "bonus room" or "guest room".
：...........