Legal Question in Real Estate Law in Washington
To whom it may concern,
I purchased my condominium from Trail Walk LLC in Kenmore, WA in November 2007. At that time, Trail Walk LLC advertised my condo to be 805 square feet both in person and on the MLS site. They had me sign Form 12: New Construction Notice of Sale that states the square footage is 805. Well, now I'm looking to sell my condominium and in the POS (Public Offering Statement) provided after I bought, it states the Assessment square footage is 732. I believe Trail Walk LLC falsely advertised the square footage to include the balcony of the condo in the numbers. I want to know if there is any legal action that can be taken, as I have to sell my condominium at 732 (the true Assessment square footage and what is found under public information) and this will cause me to sell at a lower price than what I bought it for, thus losing money.
Thanks,
Janelle Yurth
1 Answer from Attorneys
Janelle,
It is certainly not uncommon for different numbers to be used for square footage when condos are sold - often porches and unheated garages are included in the number. I reviewed the Survey Map and Plans for your condominium - you either recieved a copy when you purchased, or you were given notice of the documents in your deed and your tilte insurance. That document shows all of your type units as being + or - 732 sq. ft. So, I would have to say that you had notice as to the size. Also, even though people talk about per sqaure foot prices - the price of units are really set by the sell of comparable units. In the current market, many/ most people find themselves upsidedown in the units value. My opinion would be that you would have a very weak case against the real estate people or the developer - especially since they are protected fairly well by both statute and corporate structure.
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