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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33003
Experience:  30 years of real estate practice experience.
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I bought my home in November of 2013 and am now in the process

Customer Question

I bought my home in November of 2013 and am now in the process of getting a cash-out refinance. I just had my home appraised today and was notified that my home is actually about 80 sq ft smaller than was originally reported to the county assessor and advertised to me when I bought the home. My question is whether or not it would be worth the time and resources necessary to undertake legal action against the selling party and/or realtors.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unless the seller specifically warranted the square footage, it is not likely you would prevail. All the seller needs to say is that they believed the square footage was what they told you. As far as the realtor, all listing descriptions contain a disclaimer that states they can not be relied on for square footage. Besides, they probably got the square footage from the seller.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.