Legal Question in Real Estate Law in California

Seller misrepresenting the Property Sq ft

Hi !

I made an offer for a condo in LA County.My offer($138,000 for 692 sq.ft @ $195/sq ft) is accepted & Now the property is in Escrow. I found from my research that the Property has been miss represented by the seller/Seller Agent. In MLS they listed the property as 692 Sq.ft where as the property is only 634 sq.ft. Through my agent I said I would pay for 634 sq.ft & not 692 sq.ft.

The seller/Seller agent say�s that either I accept the property for $138,000 or he will cancel the escrow.

He also mentioned that he would not pay expenses that i incurred on this property.

Is there any way that I could get that property for $195/sq.ft as it was mentioned in the MLS Listing?

Can the seller Cancel the escrow without my acceptance?

Could you please suggest me or refer me to the correct person.


Asked on 7/16/03, 8:43 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Seller misrepresenting the Property Sq ft

from the facts given, if you foreseeably and justifiably relied on the $195/s.f price to your detriment, and it was stated as such within the contract, you have a very strong case for specific performance of this contract at that price and/or recovery of damages in the alternative. further, if the misrepresentation was intentional rather than negligent, you may be entitled to even further recovery in this unfortunate situation. probably your best bet is to retain an attorney asap to prevent the cancellation of your escrow asap. if you would like further assistance in this legal matter, feel free to email my office today to expedite matters since time may be of the essence here.

Read more
Answered on 7/16/03, 8:54 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California