Falsely Advertised Property

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Falsely Advertised Property

I purchased a property through a real estate company 7 months ago that was advertised as having deeded waterfront access but am finding out afterwards that it legaly does not. I have confirmed this with the county and title company. I feel like I was lied to and paid for something that I do not legally have. Can I sue the old property owners or the real estate company for falsely advertising this property that I purchased for the value of the deeded waterfront access that I paid for and now don’t legally have?

Asked on February 25, 2017 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the sellers for fraud: for intentionally lying to you about a material, or important, fact to get you to buy from them. A real estate broker/agency/etc. is not required to verify the information in the listing but can rely on what the seller provided, so the realtor would not be liable--it is the seller you would go after. You can, as you suggest, sue for the difference between in price between property like this with and without water access.


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