What are my options if our buyer wants to back out of the contract due to a difference in the listed square footage?

UPDATED: Sep 27, 2019

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What are my options if our buyer wants to back out of the contract due to a difference in the listed square footage?

I am currently selling my house

Asked on September 27, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You arguably misrepresented the square footage, by listing it as less than the tax assessment shows and less than their appraiser showed it as. You can try to fight to keep them under contract (i.e. sue them for "breach of contract" if the buyers try to back out), but will then spend lots of money litigating and having expert witnesses (e.g. surveyors, appraisers, etc.) try to prove in court that you were right and the tax district and buyer's appraiser are wrong, while not being guaranteed to win (not case is guaranteed)--or you can let them out of the sale and relist the house at a number of square that matches the tax district appraisal, so as to avoid this in the future.

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