Legal Question in Real Estate Law in Arizona

wrong real estate appraisal

We bought our house two years ago. All documents showed it had 2400 Sq ft - it was sold to us as such (title aso). We are currently in the process of refinancing and the new appraiser has found that the house is smaller by a good 400 Sq ft. What should we do ?


Asked on 1/07/08, 8:26 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: wrong real estate appraisal

Title insurance guarantees clear title, not square footage. It is possible that the new appraiser is wrong. If you allege misrepresentation, then their defense would be that you physically saw the premises and had an opportunity to inspect. This issue is difficult to win and the expense of litigation would far outweigh the benefit.

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Answered on 1/08/08, 12:16 pm
Gloria Meyer Meyer Law Office

Re: wrong real estate appraisal

I see that the prior answer came from Texas. Here in Arizona, if a seller knowingly misrepresents a material fact about the property, the buyer can force the seller to undo the sale. 400 square feet is a lot. It would seem that the seller knew or should have known better.

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Answered on 1/08/08, 6:39 pm


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