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Updated about 2 years ago,

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Misrepresentation of Condo square footage

Pallavi Pushkara
Posted

HI everyone, 

I was hoping to get some advice. So my partner and I (first time home buyers) recently purchased a condo in Toronto (Feb 2022). the official MLS listing said that our condo is 1400-1600 sqft. However, MPAC (Municipal Property Assessment Corporation) came back a couple weeks ago and said that the unit is 1300sqft. we checked old MLS sheets for our unit and other listings in our building only to find that there has never been a listing in our building for a unit that is larger than 1300 sqft. I feel cheated, because the MLS listing the seller would have received when they bought the place would have also said 1300sqft. I'm worried because when/if we decide to sell we will have to list the place at 1300sqft (or we would be lying to buyers) but that means we loose out on property value for 100-300sqft. I dont understand how people can lie on official legal documents and get away with it.

you can argue that different people calculate sqft differently but the margin of error can explain 100sqft (the condo is not that big). also no unit as ever been listed for over 1300sqft in the history of the building! 

Also as per Ontario provincial rules, only the "liveable" space (ie heated and insulated as per Ontario guidelines) should be included in the sqft of the home. So, if they try to argue they included the sqft of the balcony, they would be breaking Ontario provincial rules (also the balcony is not that big). 

before you ask: we wanted a property inspection but were advised against it. our agent said that we would not be competitive applicants for the unit if we asked for an inspection. 

I dont know if we should go to a lawyer or just be quite and hope for the best when we sell... 

any advice would be much appreciated. 

Thank you

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