Fairfax, VA asked in Consumer Law and Real Estate Law for Virginia

Q: Is it ok for listing agent to change the finished area sqft after buyer submitted purchase offer and not telling buyer?

We submitted our purchase offer in September, and has been negotiating with the listing agent for the terms and price. After 7 days submitted the offer, the list agent changed the total finished area from 59xx sqft to 53xx sqft on Matrix MRIS website, and didn't tell the buyer this change. During negotiation, buyer and buyer agent thought the finished area size is 59xx and used that number in price comparison. Right after the contract was ratified buy the seller, the buyer found the finished area sqft was reduced by more than 10%. Is this listing agent's way ok and normal in real estate? Can the buyer ask to reduce the sales price after finding this?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: Sounds like a decent claim for consumer fraud including punitive damages and attorney fees. But, you need to deal with it before you go to closing.

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