Q: Hi, question regarding false claims on property size.
Hi, we bought a home in Troy, MI a few months ago. The seller and sellers agent listed the home as having 2,540 sq ft. After we bought it, we had some work done and the home only has 1,901 sq ft., that is 327 sq ft less than we were told. We paid $257.76 per sq ft x the 327 equals $84.287.56 for sq ft we did not receive. This can’t be legal. Is there anything we can do? Thank you
A:
First of all, given the facts you state, that is 639 square feet less than 'advertised'.
BUT even with that said, there are two things 'working against you'.
Did the sellers 'hide' that 'defect' from you in some way? No -- you had the opportunity to look at and if you wanted measure the property for yourself didn't you? How were you 'deceived' before closing the sale about the size of the interior of the space you were buying? How did you 'rely' upon that mistake (if indeed it is one -- see below) and what are your damages? What are comparable houses selling for in that market? In short, how were you damaged? The math you did -- besides using the wrong numbers -- doesn't actually answer that question.
Secondly, who measured the place to tell you it was only 1900 square feet? Are they perhaps mistaken? Even if they are right and the seller was wrong, why the discrepancy? Was there some INTENT to defraud you? How can you prove that intent? That isn't always as easy as a lay person thinks.
This is a far more complicated question than it appears at first. You should consult with a local real estate attorney (the one who reviewed your closing package perhaps? -- What, you DIDN'T have an attorney review the paperwork? Why not!?) and go over all the facts and the paperwork to see if you didn't perhaps miss something else that actually is critical and was 'hidden' from you during the sale.
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