Legal Question in Real Estate Law in Minnesota
Square Footage ... Who is to be held accountable?
On 5-25-07 we purchased a 2 story home in Moorhead, MN. The home was listed on MLS as having 2158 Sq Ft. Since we lived in a 1120 sq ft rambler for 34 years, we thought this would be great. As it turns out the home has 1782 sq ft. The listing realtor says that she is off the hook as the figures used in multiple listing were taken from public records. I went to the city assessor who showed me their drawings of the home when it was built and appraised by them. They clearly have us living in part of the garage. They had the builder's blueprints that showed 900 sq ft on main floor and 882 sq ft on 2nd floor. .. a total of 1782. They say they too are off the hook since there is a disclaimer that says the record is deemed to be reliable, but not guaranteed. We feel we have been severely wronged in that we should be living in a house that ought to be 21% larger than it is. We are being injured in several ways. Borrowing appx $30,000 more on home loan & paying interest... will take a big loss in equity when we sell the home at retirement in appx 10 years. Who really is responsible and how do we recover the loss? I feel that when a realtor lists a property that it is his responsibility to be sure the information is correct.
1 Answer from Attorneys
Re: Square Footage ... Who is to be held accountable?
I am afraid that the burden of verifying the square` footage is generally up to the buyer who, through an inspection or other services before a sale may verify the condition of the premises.
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