{"id":760,"date":"2006-12-12T08:29:00","date_gmt":"2006-12-12T15:29:00","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=760"},"modified":"2006-12-12T08:29:17","modified_gmt":"2006-12-12T15:29:17","slug":"ask-the-broker-can-i-call-the-listing-agent-on-the-carpet","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/760\/ask-the-broker-can-i-call-the-listing-agent-on-the-carpet\/","title":{"rendered":"Ask the Broker: Can I call the listing agent on the carpet . . . ?"},"content":{"rendered":"

I made an offer for a listing that stated the place has “brand new carpets” (not newer or new, clearly “brand new”). I found out after asking many times and when it didn’t make any difference money-wise that the carpet was installed when the seller moved in which is 1.5 years ago. Am I crazy to be totally upset by it? The seller has a dog and the carpet doesn’t look great. Can I file a complaint somewhere for her false advertising?<\/p><\/blockquote>\n

Okay, first, this is an excellent argument for working with a buyer’s agent. I would have walked into that house the first time and said to you, “This carpet is not new.” Brand new carpet smells like formaldehyde, for one thing, but it also has a sheen on it that wears away in just a few weeks of normal use. There is no way an experienced Realtor could mistake new for newer or used carpet. There are too many tell-tales that tell the tale on carpet that has been lived on.<\/p>\n

So can you file a complaint for false advertising? My guess would be no. At the bottom of the real estate listing, it will have said, “Buyer to verify all pertinent details” — or language to the same effect. We have more buyer protections now than pure caveat emptor<\/i>, but not many more. The inspection period provided for in your purchase contract is your opportunity to discover whether the horse you are proposing to buy really does have a leg at all four corners. If it doesn’t, and if the deficit is material — meaning it matters to you<\/i> — then you should cancel the contract or seek redress.<\/p>\n

This again is another good reason to have professional advice. If you’re paying a market price for a home that is not delivering market value, you should either cancel or renegotiate. If you are paying well under the market price, you might resolve to grin and bear it.<\/p>\n

The seller’s agent also pulled a convenient offer out of her hat every time she needed to pressure us, but I don’t have any proof Read more<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

I made an offer for a listing that stated the place has “brand new carpets” (not newer or new, clearly “brand new”). I found out after asking many times and when it didn’t make any difference money-wise that the carpet was installed when the seller moved in which is 1.5 years ago. Am I crazy […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[12,6,5],"tags":[],"class_list":{"0":"post-760","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-ask-the-broker","7":"category-marketing","8":"category-real-estate","10":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":496,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/496\/looking-for-a-great-trick-to-make-a-house-sell-in-a-slow-market-clean-it\/","url_meta":{"origin":760,"position":0},"title":"Looking for a neat trick to make a house sell in a slow market? Clean it!","author":"Cathleen Collins","date":"October 2, 2006","format":false,"excerpt":"In last week's Blog-off Greg addressed the importance of cleaning your house before listing it in no less than three of his posts: #43, #78 and #98. When you're posting over 100 articles in one day you don't have the luxury of putting a lot of thought into your posts,\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1011,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1011\/ask-the-broker-what-do-we-do-if-we-cant-find-the-listing-agent\/","url_meta":{"origin":760,"position":1},"title":"Ask The Broker – What Do We Do If We Can’t Find The Listing Agent?","author":"Doug Quance","date":"February 7, 2007","format":false,"excerpt":"We (my fiance and I) put in an offer on a condo priced way below market, and the seller would like to take us up on the offer. However his agent is absent, disappeared w\/o a trace. The seller is bound by contract to his listing agent. Since our agent\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":550,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/550\/smashing-the-idols-understanding-market-value-in-full-context\/","url_meta":{"origin":760,"position":2},"title":"Smashing the idols: Understanding market value in full context . . .","author":"Greg Swann","date":"October 17, 2006","format":false,"excerpt":"Nominate me Ikonoklastes, for I am come to raze this temple of half-baked ideas. I want to come back to the MLS later in the week, and I have a deep need to expose the motivations of brokers, as these are distinguished from the motivations of lesser licensees. But for\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":485,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/485\/repeat-after-me-mr-realtor-what-do-you-charge\/","url_meta":{"origin":760,"position":3},"title":"Repeat after me: Mr. Realtor, what do you charge?","author":"Greg Swann","date":"September 29, 2006","format":false,"excerpt":"This is my real estate column from today's Arizona Republic (permanent link). Today should be a fun day. My editor told me that, in respose to last week's column, a Realtor called him, threatening to turn me in to the Arizona Department of Real Estate. I can't imagine what the\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":296,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/296\/securing-the-home-buyers-place-at-the-table-how-two-simple-reforms-can-finally-result-in-a-full-uncompromised-form-of-buyer-representation\/","url_meta":{"origin":760,"position":4},"title":"Securing the home-buyer’s place at the table: How two simple reforms can finally result in a full, uncompromised form of buyer representation . . .","author":"Greg Swann","date":"September 6, 2006","format":false,"excerpt":"Executive summary: This is long, and it's written (I hope!) for ordinary people, not real estate professionals. But I want for real estate professionals to be aware of this argument, because I think it solves several of the knottier problems affecting our industry. Here's a quick summary of the essay:Buyers\u2026","rel":"","context":"In "Enduring Interest"","block_context":{"text":"Enduring Interest","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/enduring-interest\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1999,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1999\/ask-the-broker-how-can-the-seller-paying-the-buyers-brokers-commission-be-fair-to-the-seller\/","url_meta":{"origin":760,"position":5},"title":"Ask the Broker: How can the seller paying the buyer’s broker’s commission be fair to the seller?","author":"Greg Swann","date":"October 3, 2007","format":false,"excerpt":"Here's a truly fascinating question from an agent working in Nassau County, Long Island, New York. The idea of buyer brokerage is just being introduced there, and our interlocutor is understandably mystified:I am a bit confused, to say the very least. If I write up a listing contract with a\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/760","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=760"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/760\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=760"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=760"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=760"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}