I'm doing business in Washington state and purchased a property based on advise from an agent. In this case he was a dual agent, representing both buyer and seller. The house was listed in MLS as 2500 sqft with 1800 sqft finished and 700 sqft unfinished. The agent was aware that I'm located geographically out of state and typically hire a contractor to do a walk through of the property to estimate repairs and he was not aware to verify actual square footage. We closed on the home and I found that the actual square footage was only 1800 and 700 unfinished sqft does not exist anywhere in the property. I hired an engineer to take measurements and draw a site plan to confirm that the square footage is in fact only 1800. Due to the gross misrepresentation I'm losing significant value in the home. The agent knowingly misrepresented the size of the home in order to compel the purchase of the property. Can I sue the agent for negligence or fraud.
You may have claims against both the seller and the agent, depending on the nature of the representations and the knowledge and actions of each.
700 missing out of a purported 2500 is significant and obvious. That is, you should have seen that the structure is not as large as stated and upon suspecting the difference, you should have checked things out before closing.
If you bought the place without ever taking a personal look, that was a very bad idea.
The standard prepared purchase and sale agreements have several disclaimers in bold print that no one is standing behind any measurement. That is, if the exact size of the structures or the land is important to the buyer, the buyer needs to check out the size.
You can review the specific facts with your attorney to find out your legal options.
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