Legal Question in Real Estate Law in New York

Misleading Seller Agent's Advertisement

The seller Agent's advertisement showing 1700 Sq Ft of living space influenced my decision to buy this house. The actual Square Footage as per the Bank's appraisal document is 1264 Sq Ft, and 1400 Sq Ft as per the Builder of this house (I called the builder and got this document). My agent (Buyer Agent) is another evidence for this because she also influenced me buy this house. I wouldn't have bought this house if I had known the true Square Footage of this house. I'm a first time home buyer and I have been cheated by mis-information in the Seller Agent's Advertisement. I want to claim for the extra square footage I paid to the seller; I should have paid for only 1400 Sq Ft though I wouldn't have really bought this house if I had known the truth. Please help.


Asked on 3/21/06, 12:48 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Misleading Seller Agent's Advertisement

Most contracts have a clause that states you are not relying on any representations by the Seller or his/her agent unless expressly stated n the contract...

You, as the Buyer, should have confirmed the sq. footage before signing contract if this was a matter of importance to you.

However, you may have a claim against the Buyer agent if she/he misrepresented the sq footage as they had a fiduciary responsibility to you whereas the Seller/Seller agent did not.

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Answered on 3/21/06, 8:46 pm


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