Information about listing on MLS is not guaranteed

Q: We just purchased and closed on a home with community pool/spa listed in the local multiple listing service (MLS) in a gated community.

It turns out that the pool is not for our subdivision but another one in the community. Since it was on the MLS, do we have any recourse? It was a deciding factor in the purchase.

A: Just about every MLS document we have ever seen has the disclaimer that the information has not been verified and is not guaranteed. Given what has occurred over the last several years in the real estate market, we have always warned our readers to take it upon themselves to get all of the information required to make sure they are protected.

If the community pool/spa was so important to you, did you look for verification in the copies of the documents that went with the property you purchased? Those documents would have outlined the association you belong to and the expenses it incurred. As with any community amenity, a pool and spa cost money. That money needs to be collected from the homeowners in the form of monthly or yearly assessments.

If you reviewed the association documents, you would have seen no expenses for the pool and spa. You also might have seen that your assessments were considerably lower than the properties that actually get the use of the pool and spa.

You will have to talk to an attorney in your area further on this issue. If the real estate agent actually told you that the pool and spa were included, and took you there and showed them to you, you might have a better case. However, if the information was a mistake and the real estate agent relied on the seller for that information, it might be harder for you to do anything about it.

One thing you can do is find out if you can join or pay a fee to use the pool and spa. If you can, you might find that the cost of using the facilities is about equal to the difference between your assessments and those who live in the community that has the rights to use them. You might find you have options to satisfy your desire to use the facilities that don't involve getting an attorney involved or litigating this issue.

However, if you find out that the seller actually knew that his home was not part of the association that gets the right to use the pool and spa, and that the seller actively lied to get you to buy the home, you might have the right to go after the seller. In addition, if the broker knew as well and went along with the lie, he or she might have liability as well.

However, if you only knew about the amenities from the MLS listing, it would seem that you have an uphill battle to fight. Keep us posted.
