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Old 10-20-2006, 12:16 AM
swivelmedia swivelmedia is offline
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Default Help Please - Non-disclosure issue

I came across this while surfing the net. I am in the middle of a real estate lawsuit in which the seller failed to disclose that the “2 car garage” wasn’t accessible by 2 cars – not even one apparently. Apparently, if you hit the angle just right it is doable – so we’ve been told. We have the seller admitting “via e-mail” that she had trouble with her friend’s car….scraped it up, but figured out how to get it in – just one. After the sale of the house – of course.

She had driven a small SUV which apparently is the only type of vehicle that can make it clearance for above and below. One of the key selling point, listed on the sell sheet, was 2 car garage. We live on a narrow canyon road. There were no ***only small SUV’s or any disclaimers listed, and nothing was even disclosed in the paperwork. She knew that there were issues with cars


I don’t know where the real estate and advertising collide. I think false advertising is false advertising. The seller knew the sell sheet and internet ad to be misleading and false.

This has been killing us, but I think our best angles are the non-disclosure and truth in advertising.

Please e-mail back at my work e-mail erik@swivelmedia.com Thanks in advance for your help. The agent and seller are playing stupid – go figure.
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Old 10-20-2006, 05:05 AM
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Default Re: Help Please - Non-disclosure issue

I am not sure how Calif. works so hopefully someone there can help. I think they will need more info. Are you the buyer or an agent for the buyer? I would say from your post though, that just because it is a one lane road doesn't mean you can't have a two car garage. What is the layout such that not even one car can fit into a two car garage? If you need a two car garage and this doesn't work, why don't you move on to the next house?
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Old 10-20-2006, 08:05 AM
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Default Re: Help Please - Non-disclosure issue

A good place to start with this is exactly where you seem to be - you said you were in a real estate lawsuit - your attorney is your best resource.

The board of Realtors can assist you there may be a local and state board.

www.realtor.com may have some good resources for you.

Best of luck
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Old 10-20-2006, 10:02 AM
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Default Re: Help Please - Non-disclosure issue

This is interesting. I sold a home with a one car garage that the buyer was worried that her big long old car wouldn't fit. So she measured it and her car. I can't remember if it fit or not but she continued on with the purchase.

My Mom still drives a huge caddy and was worried her car wouldn't fit in her one car garage. Again, she had it measured but she still would have purchased the house either way. Her car just fits and I could never pull it in without scraping the sides! I have to give the old gal credit for her driving skills, even though she almost killed my son & me at one visit. Maybe the credit should go to her pulling in & out of the garage skills.

I understand a 2 car garage could be more deceiving and I suppose it is a different story. But I've had people look at a smallish 2 car garage wondering whether both of their vehicles would fit. Once again, if there was a doubt I would have suggested that they measure or try pulling the cars in.

However, you would think if it's advertised as a 2 car garage you could fit at least 2 small cars. I'd like to hear the outcome of this one.
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Old 10-20-2006, 11:30 AM
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Default Re: Help Please - Non-disclosure issue

Just curious... when you first looked at the home's garage what was your impression?
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Old 10-20-2006, 11:41 AM
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Default Re: Help Please - Non-disclosure issue

Are you the buyer?
and if you are, did you see the house before you bought it?
There is a huge difference between a 1 and a 2 car garage!
The agent should have verifies all the information specially if it was posted online and I assume in the MLS. I think you have a winning situation there.
Let me know what happens.
Ramia
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Old 10-20-2006, 12:48 PM
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Default Re: Help Please - Non-disclosure issue

Quote:

if there was a doubt I would have suggested that they measure or try pulling the cars in.

Exactly. I sold a townhome to a buyer with a Hummer advertised "bring your hummer". He wasn't sure if it would fit... We opened the garage door and pulled it in. It fit. Took all of 1 minute to find out. I guess that's why we try on shoes before we buy them, even though they are marked our size.
john
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