New House Woe's

[msparks]

Well working on getting my new house. They are still in the process of building right now. I should be closing sometime in April.

Anyhow on to the problem. It was listed on the MLS as having Gas Heat and a "fireplace".

I stop by when they are installing the unit and asked where the gas lines were, and he said no gas and they are installing a heat pump. Then I ask what about the fireplace then isn't that gas. He says nope it's electric. I then ask what the heck is an electric fireplace?

Needless to say I was upset, so I contact my agent and asked for a solution. He comes back and says there is no gas on that side of the street (next door neighbor has gas) and they installed electric. I said that's not what's on the sheet and I want compensated then.

The other real estate agent comes back and say too bad so sad either buy it or don't. Now I'm

To date I have sunk an extra $2500 in upgrade with and extra 10x20 concrete slab and laminated floors in the kitchen dining, living and hall ways.

Am I wrong in being upset? Any proposed solutions?

 

[Pablo]

RE MLS ads are not exactly specification sheets. Is there anything more concrete to go on? Just an ounce more and I would say "lawyer up".

 

[msparks]

No other documentation of it. Only the MLS sheet.

Really my biggest beef is the stupid Electric Fireplace.

 

[G-MAN]

Get a lawyer. That alone may make them more "reasonable" to see it your way. If you get a lawyer, that means they have to get one...and fork out money to pay him. And they won't like doing that.

 

[msparks]

Well, First I'm doing a letter writing route.

If I can get it solved without spending much then I'll do that.

Here is what I'm submitting:

Quote:

---

Mr. _____,
It pains me that it must come down to writing a letter regarding the property located at Lot 7 of ______ Acers. I am completely dissatisfied with the handling of the fact that the house was listed as having Natural Gas heating with gas fireplace as well. This matter seems of no concern to you and the builder. To me I feel that I have been deceived and lied to about what is available or not.
The listing price of the house of $123,000 would have the price of gas lines run to the house as well as the higher cost of installing a Gas/Central air package. From my point of view by changing these specifications you have “pinched” on money which has not been discounted to the price of the house. Furthermore having listed a “fireplace” would leave someone to believe that “fire” would be of some type of combustible substance (such as wood or gas). Everyone that I have talked with never heard of an “Electric” Fireplace or knows even the purpose of something like this.
I would like to remedy the situation of not supplying the house with what was listed on the specification sheet by being compensated fairly for this. I feel that I am a reasonable person and am not expecting too much by asking for some type of compensation. My request is that I be discounted the price of gas vs. the heat pump for installation and cost of the unit. I would also like to be discounted the cost of purchase and installation of the so called “Electric Fireplace” this item in my mind is a total waste of money, as well as wall space and garage space. We can discount these costs by discounting closing costs, or possibly provide a refrigerator or a combination there of as to not affect the “listing” price of the house.
As a business owner in the city of _________ I am involved with numerous organizations to include the _______ Chamber of Commerce, ___________ Networking Group etc. I have many customers, accounts and acquaintances in ___________ and surrounding communities. If this matter cannot be resolved I cannot honestly recommend real estate services provided by your company or agents. Deceitful practices and lack of customer service is not something that I want my customers and clients to be exposed to.
Enclosed is a copy of the house MLS listing on 2/8/07 and a current MLS where where the change was made from Gas to Electric. There was no communication to this change between my Agent ____________ and your office __________.
I look forward to your timely response.

Thank You,

---

 

[G-MAN]

Quote:

---

No other documentation of it. Only the MLS sheet.

Really my biggest beef is the stupid Electric Fireplace.

---

Doesn't matter. If the MLS sheet is the only description of the property, then you were reasonable in relying on it to accurately describe what you are buying. If you are out of pocket and don't want to buy this house as you now know it to be, then a lawyer should be able to get you out of the deal with all your money back.

If I buy a car at arms length based on a description that it's blue and has a V8, and when I get there to pick it up I find that it's red and has a V6, then there has not been a meeting of the minds and no contract exists.

In your case, gas vs electric heat is a MAJOR difference. You should not be forced to accept it, and if you choose not to you are entitled to all of your money back.

 

[G-MAN]

Quote:

---

Well, First I'm doing a letter writing route.

If I can get it solved without spending much then I'll do that.

Here is what I'm submitting:

Quote:

---

Mr. _____,
It pains me that it must come down to writing a letter regarding the property located at Lot 7 of ______ Acers. I am completely dissatisfied with the handling of the fact that the house was listed as having Natural Gas heating with gas fireplace as well. This matter seems of no concern to you and the builder. To me I feel that I have been deceived and lied to about what is available or not.
The listing price of the house of $123,000 would have the price of gas lines run to the house as well as the higher cost of installing a Gas/Central air package. From my point of view by changing these specifications you have “pinched” on money which has not been discounted to the price of the house. Furthermore having listed a “fireplace” would leave someone to believe that “fire” would be of some type of combustible substance (such as wood or gas). Everyone that I have talked with never heard of an “Electric” Fireplace or knows even the purpose of something like this.
I would like to remedy the situation of not supplying the house with what was listed on the specification sheet by being compensated fairly for this. I feel that I am a reasonable person and am not expecting too much by asking for some type of compensation. My request is that I be discounted the price of gas vs. the heat pump for installation and cost of the unit. I would also like to be discounted the cost of purchase and installation of the so called “Electric Fireplace” this item in my mind is a total waste of money, as well as wall space and garage space. We can discount these costs by discounting closing costs, or possibly provide a refrigerator or a combination there of as to not affect the “listing” price of the house.
As a business owner in the city of _________ I am involved with numerous organizations to include the _______ Chamber of Commerce, ___________ Networking Group etc. I have many customers, accounts and acquaintances in ___________ and surrounding communities. If this matter cannot be resolved I cannot honestly recommend real estate services provided by your company or agents. Deceitful practices and lack of customer service is not something that I want my customers and clients to be exposed to.
Enclosed is a copy of the house MLS listing on 2/8/07 and a current MLS where where the change was made from Gas to Electric. There was no communication to this change between my Agent ____________ and your office __________.
I look forward to your timely response.

Thank You,

---

---

I would advise against putting any threats in the letter, no matter how veiled.

I honestly think you'd be better of to pay a lawyer a hundred bucks or so to write a demand letter outlining what you want. This will let them know right off that bat you mean business.

 

[Pablo]

No disagreeing with you G-man - but don't MLS sheets have built in disclaimers that have been held up in most state courts? (It may very well be different for a NEW home)

 

[msparks]

Quote:

---

I would advise against putting any threats in the letter, no matter how veiled.

I honestly think you'd be better of to pay a lawyer a hundred bucks or so to write a demand letter outlining what you want. This will let them know right off that bat you mean business.

---

You know you are right, I am going to look into this and see what it will take to get a lawyer.

As of now I haven't sent the letter off, it was only a draft. I did take out the "veiled" threats.

Thanks, it's sometimes hard to not say what you really want to, to keep it civil.

 

[G-MAN]

Quote:

---

No disagreeing with you G-man - but don't MLS sheets have built in disclaimers that have been held up in most state courts? (It may very well be different for a NEW home)

---

In contract law no disclaimer can alter the terms of the contract. If I contract to buy a gas furnace and the HVAC guy shows up with a heat pump, claiming that the "disclaimer" in the boilerplate obligates him only to provide a "heating unit," no court is going to say a valid contract exists.

If there is a disclaimer in the MLS I'm sure it would be something to the effect that the description given is "substantially" accurate. "Substantially" would need to be construed by the court, but in this case I would argue that "gas furnace" is not a substantially correct description for a "heat pump."

 

[doitmyself]

I'm not a writing expert by any measure, but a business letter should be more to the point and not include personal/emotional information, ie. - "it pains me, this matter seems, I feel, from my point of view, leave someone to believe.......".

I ordered this.
You sent me this.
Correct the problem or I will seek "other" solutions (legal or whatever else your homework tells you to do).

Good luck and heed the advice of the others above. Personally, I would not settle for less on something this important to you.

 

[Cutehumor]

can't you can afford it when you found the constitution?

 

[Al]

Quote:

---

I'm not a writing expert by any measure, but a business letter should be more to the point and not include personal/emotional information, ie. - "it pains me, this matter seems, I feel, from my point of view, leave someone to believe.......".

I ordered this.
You sent me this.
Correct the problem or I will seek "other" solutions (legal or whatever else your homework tells you to do).

---

I agree 100%

That letter could easily be cut in half. Here is a qiuck letter for your consideration:

Mr. _________,
Re: Property located at Lot 7 of _____________.

The house was listed as having Natural Gas heating with gas fireplace . The listing price of the house of $123,000 would have the price of gas lines run to the house as well as the higher cost of installing a Gas/Central air package.

I request that I be discounted the price of gas unit and gas installation vs. the heat pump for installation. You can discount these costs by discounting closing costs, or possibly provide a refrigerator or a combination thereof so as to not affect the “listing” price of the house. Additionally the house should not include an electric fireplace.

Enclosed is a copy of the house MLS listing on 2/8/07 and a current MLS where where the change was made from Gas to Electric. These deficiencies were not conveyed to my Agent ________ by _________ of your office.

I look forward to resolving these deficiencies quickly.

Thank You,



--------------------------------------------------------------------------------

 

[okiedokie]

Don't send that letter. An inflammatory letter will only succeed in p!$$!ng them off and giving them the inclination to fight it. Lawyer up!

 

[JustinH]

This is an electric fireplace.

http://cgi.ebay.com/L-K-NICE-NIB-ELECTRI...1QQcmdZViewItem

You know the coils inside an electric oven?

Sorta like that only it makes a bit of a flame.

I bet that isn't very efficient.

 

[CivicFan]

The flames are a picture projected over a mirror in those electric fireplaces. The heat is a basic space heater with the fan blowing out the hot air through an opening on top of the fake flame.

Quite lame, actually.

 

[cousincletus]

A heat pump should be cheaper to heat your house in the winter than natural gas. How much of a difference is there? Keep in mind a heat pump is pretty expensive (but a very efficient way to heat your house). I thought the Tennessee Valley is one of the cheapest places in the country to buy electricity. They're probably doing you a favor.

 

[Brett Miller]

The heat pump should work well in your area. You could always install a propane fireplace.

 

[Aldaris]

I wish I could buy any home around here for $125,000.....

 

[JustinH]

Move to Arizona, the market there is crashing pretty bad.