Unfortunately, I do not know Missouri law. In CA, You would have a good case based on these facts. In CA, Realtors are liable for what they put in MLS listings. This is whether intentional or by mistake. Also, they are liable for any representations that they make.
One option that I have not seen discussed by other posts is rescission. You may be able to rescind the transaction and sue for damages and costs less fair rental value. This is usually expensive, but there is probably an attorney’s fees provision in the purchase contract.
I bought a house recently for my family. One of the reasons why I bought this house was so that I could keep my 7 yr old daughter in the same elementary school that she had been attending. On the realtor listing, it had the same elementary school that she had been attending, so I said great - although I knew that the boundary between that school and another elementary school was somewhere close.
I asked my realtor (representing me, not the listing realtor of the house I bought) if they were sure the house was in that particular district. They said yes, that the MLS service is accurate about that stuff, meaning I guess that it is the local MLS and not the listing realtor that puts that information in there. So I said okay and bought the house.
6-7 months later, we enrolled our daughter and 5 yr old son to the elementary school in which district we thought we were in. We get a phone call a few days later saying that we are not in that district any more, and that we have to send the kids to another school. Turns out that the boundary is two houses up from us! We really dont want to send our kids to this other school, as we find it less desireable than the one that they had been going to, and we think we may have a case. I know that the listing says “all information deemed desireable, but not guaranteed”, but the whole point of having a realtor is that you pay them a nifty fee in order for them to find you a house that you want to live in, and represent that house accurately. So I find it hard to believe that they could get off the hook on this one.
I have no idea what I could get out of this even if I had a case. I do know that the houses are lower priced on average in the elementary school district that it turns out we are in than the ones in the district we wanted to be in and thought we were buying in.
Any help, opinions or ideas would be great. I am in Missouri if that helps any.
So have you put the house back on the market so you can buy another house in the school district you desire? If this school district is that important then I would assume this is what you are doing…yes? Otherwise, what are your damages?
If you sell this house and buy another in that school district then you MIGHT have a case to establish damages. It will cost you money to move again. If you stay in the house and change schools then I guess it wasn’t that big of a deal to you.
Depends what state you are in. Sounds like the real estate agent made an affirmative representation about a material fact regarding the value and desirability of that property. If the school zone did not change between the time when the RE Agent made the representation and when you found out that it was not in that zone, it sounds like you have a good case (state dependant).
Sometimes you can get the schools to make an exception for your kids to go to a different school. I’d try to get that done. Also, districts where I am from get rezoned frequently especially since so many new schools are being built. It might not have been the realtor’s fault. I personally would ALWAYS double check with the school board if it was that critical an issue for me.
You said “We get a phone call a few days later saying that we are not in that district any more.” It appears that your home was in that district at one point.
In my opinion, if the school district was that important to you, it would have been more prudent to check for yourself, especially since the MLS had a disclaimer.
I havent put the house on the market, because I cant afford to move again unless I get some kind of damages out of this. If I cant, then I will have no choice but to stay here for a while.
Thats what they will say, I suppose. I should have checked myself instead of paying a reputed professional seven grand to provide that information for me, and then not verify it themselves when I asked them if it was the correct information.
Why provide any information at all if it isnt going to be accurate?
I am in Missouri. I dont think that the realtor intentionally put the wrong elementary school on the listing, but was thrown off by how close the boundary is.
The thing is that if a realtor is going to put that kind of stuff on there, and then verify a piece of information in the affirmative when I asked them about it, then it is misrepresentation. They have to have some degree of responsibility for what is on the listing and then not bothering to check if it was accurate for me when I asked them about it.
Thats why I think I may have a case, but I am not sure what amount of damages I should go after. Enough to get me out of this house and find another one, with the moving expenses, down payment, closing costs, difference in price between the two districts, etc.
I tried that already, and was told by the principal that I would have to fill out a transfer form, and that the school is already 50-60 students over capacity. So the only way I could get my kids back in that particular school is if they somehow lose that many kids in one year, which I dont see happening. And no recent rezoning has occurred that pertains to the house I bought.
I should have worded it better. We were in that particular elementary school district in our previous house, but this house, to my knowledge, has never been in that school district, as it turns out. The boundary is half a block (3 houses) away and always has been, from talking to neighbors who have been here awhile.
I wasnt aware until recently all the rules and boundaries of this school district and didnt know that there was a way to verify that the school district was correct. Although you are right, I could have made a phone call. But my realtor, when I asked, convinced me that the school district on the listing was correct, saying that the MLS is accurate about that stuff.
If your intent is to move so you can live in the school district you thought you were going to live in, you need to figure out what this will end up costing you and talk with your attorney to see if you have a case to recover your damages.
I assume you talked to the realtor about this? I’m curious, what did they have to say about it?
I don’t see where you could get down payment and difference in price between the two districts. Why would you be entitled to that? Whatever the cost to live in a district you want to live in is the cost of living in the district. If you couldn’t afford it then you wouldn’t live there under any other circumstances. Whatever the down payment is to buy a property is the down payment. That has to do with what you qualify for with a lender.
I could see getting compensated for the closing costs you paid on the house you purchased, the selling costs to sell this, the moving costs to move again, and any loss you took on the selling price vs. what you paid for the property.
But any closing costs on a new home in the district you wanted to live in and any down payment on the property in that district is what you would have had to pay regardless had you found a house in that district.
I would think any damages would be limited to actual damages which would be closing costs on this property, selling costs on this property, moving costs, and any loss on the sale of this property if you couldn’t sell it for what you paid for it.
It’s like, OK, we will pay you back all the costs you paid to get this property plus moving expenses, and you will be responsible for any costs to purchase another property as if you would have purchased it to begin with had you known this property was in the wrong district.
A lot of that cost could also be offset by the realtor agreeing to relist your house, sell it for no commission, help you find another house for no fees, and then just pay you for your moving expenses and any additional closing costs you incur.