Is a seller obliged to disclose and, is it legal to include, added square footage in listing?

UPDATED: Aug 9, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 9, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a seller obliged to disclose and, is it legal to include, added square footage in listing?

If unpermitted living area space was added to the house not by the current seller, but by the previous seller, is the current seller under legal obligation to disclose that fact? Also, is it legal for the unpermitted area square footage and rooms to be added to the total house square footage and number of rooms in the seller’s listing? What are the options a buyer has after closing to take legal action on such an issue?

Asked on August 9, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you mean that you have a room or area that was illegally added to the house - with out a permit - or that would not be permitted becuase of say zoning (it is too cloe to the neighbors house)?  I think that if you know it and hide it and it becomes an issue then you could be in trouble.  I think that you should speak with a real estate attorney about the specifics here and get things cleared up one way or another.  Misrepresentation is the contractual issue you are concerned with.  Good luck.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption