Q: The listing stated "new roof". At inspection, we discovered it is not new. We want our $3,500 due diligence returned
Is it legal to lie on the listing? The listing agent claimed they saw someone on the roof one day and assumed it was new. They are offering $1,000 of the $3,500 DD money. The contract has been terminated and they returned the $5,000 earnest monies.
A:
Your location is listed as PA, but this is posted in NC. If your question is not about an NC property, then most of the lawyers seeing this will not be able to help you properly.
Generally speaking, this can be characterized as false representation, and the courts would make an effort to restore you to your starting position. Talk to a lawyer local to the property, and they can look over the documents and provide better advice than what you will get on a forum such as this.
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