Are marketing materials for condition of real estate considered part of the written contract for a legal action?

For example, a foreclosure advertised in average condition but which turned out, after a year of trying to rehab it, to be impossible because of the black mold/sewage toxic goo, rat infestation, and structural doom, such that had to be demolished? 

Specifically, is the marketing material a part of the contract in writing, since the SOL for fraud has been exceeded?

The contract was:  Seller sells you this house in average condition and Buyer pays $X for this house in average condition.  As a foreclosure, long distance, buyer relied on "average condition" advertisement.  Is there something so far away from average condition as to defy the Contract?  It cannot be fraud as the SOL is gone for that.

4 Answers

  • 3 weeks ago

    No.  The contract states the buyer has opportunity to have the property and accepts the house in "as is" condition.  The contract overrides any marketing statements.

  • 3 weeks ago

    No, they are not part of the written contract, but if you end up suing over something mentioned in those materials, use them to state your case.

    Source(s): Certified Paralegal, with 25+ years' experience & with Real Estate law experience.
  • Anonymous
    3 weeks ago

    It's a well known fact that buying a foreclosed home is going to be problematic and a moneypit.

  • Anonymous
    3 weeks ago

    Took you a year to figure out all these things were wrong?  SOL on this one is gone because that kind of damages, at least in your opinion, should be discoverable almost instantly.

    • For3 weeks agoReport

      You did not answer the question, you made ridiculous statements without any background in the reality of the process.

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