by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C.
Question:
When we purchased our Goodyear home last year, it was represented in the seller’s marketing brochure to be 2,700 square feet. We now want to build a home addition, and when our contractor measured our home, the square footage was only 2,400 square feet. We are very upset and want damages to compensate us for the loss of 300 square feet. Is the seller liable to us for misrepresenting the square footage?
Answer:
Probably not. In a typical residential transaction, square footage is not considered important, inasmuch as the buyer is more interested in features of the home, such as the number of bedrooms and bathrooms, access to schools and views. Furthermore, if the standard purchase contract is used, the buyer is advised in bold print to verify square footage during the 10-day inspection period if square footage is material to the buyer. Although investors do buy homes based on square footage, investors generally confirm the square footage before closing the transaction.
The above is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant. Reprinted with permission. Copyright 2007, all rights reserved.