Prior to closing on a residential residence it was discovered that the true square footage of the residence is 400 sq.ft less on the main floor and 400 sq.ft. less in the basement than what was previously represented by the realtor. The realtor said the sq.ft. number was obtained from the county auditor's office which after review was incorrect. What are my options should I accept the sq.ft. shortage or not accept the sq.ft. shortage.
1 Answer from Attorneys
Dear Inquirer: Please consider how significant is this misrepresentation? What percentage of the total square footage is this? If you feel it is significant enough, your choices are simple, i.e.: 1. reject the purchase, or 2. Seek damages for misrepresentation, with attendant legal fees, costs, time, emotion, etc. 3. How well do you believe your realtor? 4. Have you actuially checked the County Recorder's official records for this property to verify the true square footage?
Your call. Good luck!
J. Norman Stark, Attorney
(216) 531-5310 Ext. 22
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