Q: I recently purchased a 3 bedroom home in St. Louis County. I was informed after closing that it is a 2 bedroom.
It has a lower level finished basement with bedroom, now needing an egress window. My resale value down. Home was remodeled in 2012 and listed/sold 3 times as a 3 bedroom, until it was brought to my attention Any recourse for this misleading listing? Thank you
A:
Potential recourse would be a case under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA allows the court to award attorneys' fees to the prevailing party. Therefore, some attorneys will file MPA cases on a contingency basis rather than charging you hourly.
The MPA was recently amended but still allows the possibility of punitive damages in certain circumstances.
The MPA allows for a plaintiff to prevail by proving an omission, misrepresentation, or fraud. Contact an attorney with experience in MPA litigation to review your contract an assess the facts. If the property was listed as a 3-bedroom and it wasn't, then I think you have a matter worth pursuing with an attorney.
Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
www.sl-lawyers.com
reisenberg@sl-lawyers.com
(636) 733-6647
A: 407.020. 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri of the fact that the attorney general has approved any filing required by this chapter as the approval, sanction or endorsement of any activity, project or action of such person, is declared to be an unlawful practice. Any act, use or employment declared unlawful by this subsection violates this subsection whether committed before, during or after the sale, advertisement or solicitation.
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