Q: Ad for property said 426x215 but would be redrawn to 500x250. After PA, lines are surveyed at 395x220. What now?
My wife and I found a house to buy. The ad had a legal desc. of 426x215. Ad stated lot dimensions of 500x250. New lines were to be established to reflect app. 2 1/2 acres, so we signed a PA. The PA states legal desc. as "to be provided". However, the new survey says 395x220 but has not been registered with the township yet. When questioned about the 500x250, sellers agent says, basically, take it or leave it and decide quickly because she has other clients waiting. We did not specifically mention the lot size in our offer or the PA since we assumed the new lines would be drawn to what was advertised. We want the 500x250 as advertised- Do we have any options?
A: So the legal description / lot size was misrepresented in the home listing. Unless you made the listing document itself as part of the purchase agreement, it cannot be relied upon and the seller is not liable to you for the stated lot size. You did your due diligence by having the property surveyed. There should be a contingency period in which you can either move forward or cancel the transaction. You should also have your earnest money returned or if you determine if the price is appropriate for the lot size, you have the option to move forward.
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