Sellers, be careful what your listing says
Misleading for-sale ad can be legal nightmare
By Dian Hymer, Monday, September 21, 2009.Internet advertising dominates the home-sale industry, which is not to say that print ads are dead. A good home-for-sale ad -- either online or in a newspaper -- should contain enough factual information to interest a buyer without overstating reality.
Sellers and listing agents can go overboard selling their listings. It's usually better to undersell. For instance, your house might have three bedrooms and a bonus room that you use as a fourth bedroom. Unless the bonus room was permitted as a bedroom, you could face adverse legal consequences if you advertise it as a fourth bedroom.
A buyer who is looking for four bedrooms might be turned off by the fact that the bonus room doesn't have a closet and technically is not a fourth bedroom. From a sales standpoint, you're likely to have better results if the buyers think the house has three bedrooms and discover on their own that there is a bonus room that could be used as a fourth bedroom.
It's not a good idea to promise more than you can deliver. Be careful about representing square footage and about what you say regarding the local schools.
In many areas, the schools are overcrowded. In some places, there is no guarantee that your child will be able to attend the school that is closest to the home you are considering buying. As a seller, it would be better to say nothing about the local school than to lead people to believe that their child will be guaranteed a spot there.
HOUSE HUNTING TIP: Misrepresenting square footage is risky. If you use square footage in advertising, make sure that you give the source of the information and include a disclaimer that notifies a buyer that the information might not be accurate and that you will not verify it. The buyer's appraiser will measure the house for the new mortgage lender. Buyers have sued sellers in cases where the appraiser's measurements differed significantly from what the seller represented. ...CONTINUED
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Submitted by Deborah Madey on September 21, 2009 - 1:05pm.
I agree with most of your article, but have some questions and comments about the use of "walk to shops".....
I am very sensitive to anyone with disabilities, and kindly request that you cite references from HUD, NAR, or other authority on the do's and don'ts as it pertains to "walk to...train, shops, beach" etc.
Likewise, do we need to avoid using, "hear the ocean waves from your front porch"....because that discriminates against those who may have impaired hearing?
Likewise, do we need to avoid "panoramic view, or breathtaking view, or gorgeous" because it discriminates against one who has an eyesight impairment?
Many properties fail to provide access to those who use a wheelchair, because doorways are narrow, turns in the hallways and access to rooms have tight corners that prohibit access with a wheelchair. When describing properties, should we not mention the beautiful staircase because it discriminates against those who are unable to walk up stairs? alternatively, the spiral staircase? Should we avoid mention of the views from the second floor? Are these violations analogous to your warning about the use of "walk to shops"? Are we discriminating if we describe a community by mentioning that it has bike paths because it discriminates against those who cannot ride a bicycle?
How can other sites create a "walk score" and how can urban planners design work-play-live communities based upon walkability?
I have great care and sensitivity to anyone who faces a disability. (I am a former PT.) However, the idea that "walk to shops" is off limits for a Realtor or seller to say has always puzzled me.
I have heard people say that it is a fair housing violation to say "walk to..." and I have heard people say that is hogwash. Can Dian or anyone cite authority (HUD, NAR, etc.) in writing on this subject?
Deborah Madey- Broker
Peninsula Realty Group,Inc. - New Jersey
Deborah@PeninsulaFirst.com