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Pool Adverised as Heated Turned Out Not to be Heated

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  • 04-30-2015, 08:27 AM
    ajmarti82
    Pool Adverised as Heated Turned Out Not to be Heated
    My question involves real estate located in the State of: Minnesota
    I purchased a home at the end of February 2015. The MLS listing along with my appraisal, the realtor's own YouTube channel all have the house listed with a heated pool. Once the snow melted I came to find out the pool is not heated and never was. The disclosure statement state pool with all equipment. I contacted my realtor who then contacted the seller's. The sellers agent stated something along the lines that the pool is not apart of the house so that doesn't matter. After that conversation was had the seller's agent immediately updated the MLS to reflect no heater in the listing. I have documentation from the MLS of when and what time after my agent had contacted the seller's showing the removal of that part of the listing. The heater to be installed is about 5 thousand dollars and living in MN you almost need a heated pool otherwise it's only usable for a few month out of the year. Both parties had agreed to arbitration through NCDS. Obviously an attorney would cost more than me biting the bullet to have the have the heater installed out of my own pocket. My question is do I have a good case to bring to arbitration since that is going to cost me a thousand dollars to start the process that will take up to 4 months?
  • 04-30-2015, 08:51 AM
    flyingron
    Re: Worth the $ to Go to Arbitration
    Advertisements and MLS listings are not part of the offer and are specifically disclaimed against being accurate.
    You will not prevail claiming reliance on the MLS.

    Unless you have something in your contract that states the pool was heated, it was up to you to do your due diligence to determine whether it did or not. The agents argument is spurious. It doesn't matter if the pool was "part of the house" or not. I would argue it is, but even so I don't see how you will prevail.
  • 04-30-2015, 11:03 AM
    ajmarti82
    Re: Worth the $ to Go to Arbitration
    Yes I know about the disclaimer on the MLS listing. I asked this since my realtor's legal department seems to think I have a pretty good case but every attorney basically says it would be cheaper for me to just buy the heater instead of getting representation.
  • 04-30-2015, 12:06 PM
    flyingron
    Re: Worth the $ to Go to Arbitration
    $4000 would be eaten up pretty quick in legal fees if you have to employ an attorney, that is for sure. If there is some provision requiring arbitration that you could do so pro se, you certainly could try that...or small claims.

    However, despite whatever your realtor is telling you, I'm not seeing how you have a claim.
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