All Forum Posts by: Walt Strader

The difference is actually 512 SF. And I spoke with another impartial appraiser to get his opinion. He says that few people who aren't in the housing business for a living that do this on a frequent basis can estimate square footage on a walkthrough and that's one reason an appraisal is done is to adequately measure size of house.

And I spoke with a real estate attorney. He believes that the disparity between claimed size and actual size IS large enough to constitute a material difference in the scope of its advertising and encourages me to walk away from contract. He is going to draw up a letter to be sent to sellers stating just that and is ready to litigate if necessary

Thanks Jon and I totally understand what you're saying. But isn't there an expectation that the data that is posted on the sales advertisement for the house is "reasonably accurate?" Otherwise, what would prevent an agent from posting just about anything? I mean thats like going to your mechanic and him giving an estimate and then exceeding that by 50% and then saying, "well, it was just an estimate."

I recently signed a contract to purchase a home in VA in which the MLS listed the house as having 2460 sq. ft. When the appraisal was done, the appraiser verified the house only had 1948 SF. I shared this disparity with my realtor and told him since I based my offer on the home having 2400+ SF that I would like a reduction in price--sellers refused. I then asked to be released from sales contract under the grounds that the size of the house was represented inaccurately and the size differential represented a "material" or major difference. The sellers will not sign a release from contract. I am contacting a lawyer. Closing is scheduled in 2 weeks! Do I have a legal case to be made here? I'm seeking any advice at this point--thanks for your help!