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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37007
Experience:  16 years real estate, Realtor. Landlord 26 years
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We purchased a newly built home in December 2006, the price

Customer Question

We purchased a newly built home in December 2006, the price was set based on the appraisers measurement of square footage and comparisons. We placed it on the market in October 2015 and received a bid. During the appraisal process it was discovered that the square footage on the original appraisal was approximately 175 square foot more than the actual size of the home. We had it measured again and the outcome was the same. We contacted the original appraiser and he responded in an adversarial manner and attempted to deflect responsibility. This is in Rock hill South Carolina . Do we have recourse after 9 years?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do we have recourse after 9 years?

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Unfortunately, under either a fraud claim or a simple breach of contract claim, the statute of limitations in SC has run on the matter. Breach of contract and Fraud both have 3 year statutes of limitations that limit the time someone can take action.

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So whether it was an accidental miscalculation, which is likely, or an intentional fraudulent act, it would be time barred now.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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