Who should I sue for non-disclosure of the accurate square footage of a property that I purchased?

UPDATED: Nov 2, 2011

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Who should I sue for non-disclosure of the accurate square footage of a property that I purchased?

I want to sue my agent, seller’s agent and the original appraiser for failing to disclose the information regarding the true square footage. I wonder if I also sue their employer/broker? Actually my agent’s old business filed bankruptcy. So depending on the E/O insurance, I may also sue the current employer of my agent. But I am not sure if that will cause back fire. Also, how many complaints I should file? For the original appraiser, I may ask for money compensation but for the agents, I may not. So I wonder if I should file 2 different complaints?

Asked on November 2, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue for the inaccurate statements for square footage as to the property that you purchased. However, if the property was a residential unit, most likely you will not prevail on the issue you write about if suit was brought because residences are not purchased based upon square footage consideration or valued as such as a general rule.

If you received an appraisal before close of escrow for the property purchased, read it. Most likely the appraisal values the property for close to what you paid for it and sets forth its square footage.

I suggest that you consult with a real estate attorney further about your desire to bring suit based upon the square footage issue that you have written about.

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