What to do if the house I’m contracted to buy does not have all of the square footage as represented to me?

UPDATED: Mar 21, 2012

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What to do if the house I’m contracted to buy does not have all of the square footage as represented to me?

Contracted to buy a home with 2400 sq ft. Appraisal came in at 2300 sq ft. Now the builder is saying sorry that’s it. Can I legally back out?

Asked on March 21, 2012 under Real Estate Law, Virginia


Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

Depends on how the contract was written, you probably cannot back out now since the house is built or you may have to pay a dear damage to the builder if in a court's eye 100 sqft out of 2400 (less than 5%) is not significant. However, you should get diminution in the reduced square footage.

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