If my home is 850 square feet less than I was told at sale, is there anything that I can do?

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If my home is 850 square feet less than I was told at sale, is there anything that I can do?

Bought it 4 years ago. It was bank owned.They did not get an appraisal. Home inspection does not list square footage. Assessor has it at the higher number and even lists it as a 2 story but it’s single level (it’s been wrong since it was built). Listed as 2468 and it’s 1596. Everyone blames everyone else but refi is now out the window. Anything I can do?

Asked on August 28, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The statute of limitations on breach of a written contract is six years in Arizona, so you still may be able to sue for breach of contract for failure to deliver to you a home that was of the square footage promised but your remedy probably would be to void the sale and get your money back.  If that is what you want, you may be able to pursue that and in the end, get your attorneys fees paid back as well, as they are recoverable in Arizona in a contract case.  However, is that what you want?  Also may be difficult to convince anyone that you actually believed that a 1596-square foot house was a 2468-square-foot house.


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