Legal Question in Real Estate Law in California
misrepresented square footage
We bought a newly build house, at signing we pointed out that the square footage on the sales contract is wrong. The agent(representing the builder) crossed out the figures and wrote the advertised sq ft, and assured us that this is the correct sq ft. After escrow an appraisal report showed the sq ft as smaller than the original plan and what we signed for. We feel misrepresented and want to know what damages we are entitled to? This will affect our resale opportunities tremendously.
2 Answers from Attorneys
Re: misrepresented square footage
It depends on how much smaller the house is than what you bargained for. If it is a significant difference (for example, 500 square feet smaller), you could sue to recover the difference per square foot, or to rescind the contract altogether. If, however, the difference is slight (for example 25 square feet smaller) you may not have any recourse.
It also depends upon the contracts you signed. If the contract stated that you were buying a 2,000 square foot house, but that the contractor was not guaranteeing the square footage, you may have no recourse regardless of the size of the difference.
You need to take your purchase documents to an attorney in your area and have them reviewed to get a more definitive answer to your question.
Re: misrepresented square footage
If you were not aware of the mistake regarding the square footage, you may be able to sue for rescission and unwind the deal. Rescission puts the parties back in the position they were prior to entering into the contract. Or, alternatively, you may be able to sue for damages, which may be calculated as the difference in value between the house you received and the one represented.
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