I recently purchased a resale home that was advertised as having “wood floors throughout.” After briefly touring the house, I decided it was in the right location and at the right price, so I put an offer in and it was accepted. Now, after closing, I have discovered that the floors are not hardwood at all, but a type of laminate flooring. I want to pursue the vendor for this deficiency but my lawyer is reluctant to take this action. What should I do?
It is my understanding that most listings will indicate “hardwood floors throughout” instead of wood floors.
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This slight discrepancy can make a huge difference to the unsuspecting buyer. Laminate floors are a type of hybrid wood floor, so the vendor has not really misrepresented itself.
You also had the opportunity to view the property and presumably to have an inspection done. Most buyers would ask and/or pick up on the fact that the floors were not traditional hardwood flooring.
That being said, the general rule of thumb is that you cannot rely upon anything that is written in the listing.
The wording at the bottom of each listing clearly states: “All information displayed is believed to be accurate but is not guaranteed and should be independently verified. No representations or warranties are made of any kind.”
If that doesn’t scream buyer beware, I don’t know what does. This is probably why your lawyer is reluctant to take up your cause.