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Every MLS listing that I have ever seen has a disclaimer somewhere that says something along the lines of "the information herein is deemed to be accurate but buyers are urged to verify to their satisfaction".
The square footage was reported on the spec sheet and there is abut 300 sq. ft difference . An unheated attached sun porch was included in the actual footage also which in our estimation comes to a more than 500sq. ft. difference. I realize that it is to our advantage to check this ourselves but it is a tri-level and it seemed plausible.
The square footage was reported on the spec sheet and there is abut 300 sq. ft difference . An unheated attached sun porch was included in the actual footage also which in our estimation comes to a more than 500sq. ft. difference. I realize that it is to our advantage to check this ourselves but it is a tri-level and it seemed plausible.
How big is the house itself?
When you bought the house, you knew that it worked for you as far as layout, price, location, etc., so I'd be willing to bet that if the MLS sheet had shown a different square footage, you'd still have bought the house, correct?
It's an unfortunate situation, but in the long run, probably doesn't make that big a difference. Short of having an appraiser measure the house, it's hard to get the exact estimates. As Realtors we often have to rely on our clients to give us the correct info, which they may not even know. The appraisal districts are often incorrect and the builder plans can often be wrong, as changes are often made during builds that change the footage.
I've got a listing that was designed at 6588 square feet, but with a few changes it became 7677. That's with just pushing a few walls out a few feet here and there. Only found out the difference when we had an appraisal done.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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There are also three standards for the measurement of square footage working in the US. I've forgotten their names and standards, but most of us in the industry rely on what the building or taxing agency uses as our guide to what we include in our listings.
Perhaps one of our appraiser friends can jump in with the differences.
The square footage was reported on the spec sheet and there is abut 300 sq. ft difference . An unheated attached sun porch was included in the actual footage also which in our estimation comes to a more than 500sq. ft. difference. I realize that it is to our advantage to check this ourselves but it is a tri-level and it seemed plausible.
Did you get an appraisal on the house before you bought it? The square footage would be reported on that. You should have been able to see the discrepancy before you closed.
While I personally don't get buyers that feel the need to sue someone over square footage, there was a lawsuit in Texas over this issue recently. The buyers felt they overpaid for a house because they thought it was bigger than it was. They sued and won.
So you would need to decide if you want to sue whomever represented the square footage to you.
It depends on the source of your original square footage data. If the square footage was what was recorded at the courthouse, then probably not much of anything can be done, simply because the courthouse is a public record and it is assumed that it is a "normally reliable source" whether it is or not. If an appraiser measured the house, then you might have a case against the appraiser. If he included a three season room as GLA, then he went against the ANSI Z760-2003 standards.....and some states have adopted ANSI as law whereas some have not. So a good portion of the answer depends on where you live.
I find it incredible, that someone getting ready to commit to a $2500 a month mortgage or an investment of $500,000 won't spend the $300-$500 to verify the value and the square footage of that investment.
Spend the money to get an appraisal done. If the original appraisal significantly misrepresented the house or if the Realtor misrepresented the house you can file a complaint with the licensing boards as well as seek civil damages. If they relied on public records and you did not do YOUR due diligence, you don't have a case, and you need to suck it up and live with it.
BTW, should you decide to sell, and you are now aware that there is a significant discrepancy in the reported square footage vs the actual square footage, you are required by law, in every state, to disclose the actual square footage. This is not something that you can pass on down the line to the next buyer.
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