Legal Question in Real Estate Law in Washington

Bought house with wrong square-footage

I purchase a house advertised with 2,500 sqft as finished space. Following closing, we realized that this included 400 sq.ft of garage and other unfinished space.

The house was sold for $169/sq.ft. What are the possibility to get any refunds? Should we go after the buyer or the listing agent?

How can we prevent a listing agent / seller from misleading buyers with sq.ft in MLS statements?


Asked on 1/14/04, 8:15 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Bought house with wrong square-footage

I do not believe that you have a remedy. The law on rescission/fraud requires that it was reasonable for you to rely on the misrepresentation of the seller.

You likely had the option to have the home inspected, and you probably saw the house before purchasing. Therefore, you knew what the house looked like and purchased the home knowing the square footage. It is not reasonable that you relied solely on the seller's square footage amount. Further, your inspector should have seen this.

Finally, the MLS is a service and likely does not warrant the information is accurate. If you feel you have been cheated, contact your agent and they may report the seller's agent to the MLS service, and the MLS service can take appropriate action.

If you did not have the home inspected, or purchased the home unseen, you should contact a real estate attorney to more fully discuss your rights. Feel free to contact me if you have any questions.

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Answered on 1/16/04, 10:25 am


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