Do I have a case for misleading advertisement?

UPDATED: Aug 22, 2012

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Do I have a case for misleading advertisement?

I saw an ad that listed a home for 800 something sq. ft. and I placed an offer to purchase the home. I later learned that the house is 3/4 of the size advertised but my offer has not yet been accepted. If my offer is accepted, can I fight to pay for the sq. ft. price of the offer I placed? Their error equates to a significant price difference. Do I have a case to ask for them to honor my price per sq. ft?

Asked on August 22, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of several states in this country, California for example, a material error in the multiple listing service (MLS) lisitng of a partiular piece of real property could subject the listing agent to liability and damages.

The issue is that despite the fact that the square footage is off on the home that you purchased, what are your damages is you received an appraisal for it and the appraisal is close to your purchase price? People buy residential property for the unit, not based upon square feet like commercial property is marketed.

From what you have written, I do not presently see how you have been damaged under the law. You might wish to consult further with a real estate attorney about your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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