Misleading Information on MLS Listing - No Garage

[Frank S.]

Well, finally I found a fair option. I low balled the seller and they came back with $5,000 over bid. It's fairly priced, not  a  mega deal, but just ok.  I did not accept the counter-offer, and rather scheduled a second visit. 

The listing indicates a two-car garage, but this is not the case. I ignore if this was demolished during the time the listing was created and now, or if this is a mistake by the listing agent.  I noticed the listing agent is really sloppy. E.g., the disclosures were totally wrong, they marked "YES" rather than "NO"throughout. 

As I said, the price is fair - not a great deal but our market is tough- and I feel I could've gone several thousand lower. The low ball was several tens of thousands of dollars below asking price. Therefore, I am contemplating lowering my first bid based on the MLS description, it could be seen as a "misrepresentation" - what do I know...

 I would phrase is as "We saw many properties that date ( true), and we were surprised to realize a garage was not there after our second visit" We are interested, but will lower our bid to $X.

Will the listing agent get in trouble for this? I don't want to hurt anyone, if so, I would rephrase the above.

Thanks!

Frank