Is buyer liable for overstating size of house?

What is the name of your state? Oklahoma
If a seller significantly overstates the size of their house, could they be held liable after the closing? Is the buyer expected to measure the size, or is this a basic area of trust usually? If seller is liable, would a judge typically void the contract, or award a monetary difference to compensate for the lie?

[HomeGuru]

Originally posted by mooreok
What is the name of your state? Oklahoma
If a seller significantly overstates the size of their house, could they be held liable after the closing? Is the buyer expected to measure the size, or is this a basic area of trust usually? If seller is liable, would a judge typically void the contract, or award a monetary difference to compensate for the lie?

**A: it all depends on the terms and conditions in the contract.

The contract did not state that they lied by 800 sq ft. I don't understand what language in a contract would cover flat out lies. Can you elaborate?

[HomeGuru]

Originally posted by mooreok
The contract did not state that they lied by 800 sq ft. I don't understand what language in a contract would cover flat out lies. Can you elaborate?

**A: was your contract written as a price per SF? If so, you have a claim. If not, the Seller would claim that you saw the home, that is what you bought and there were no representations as to the exact SF and confirming same. Did you get an appraisal? If so you should have read the report and confirmed the SF with the appraiser? Did you do a building permit search? You also should have confirmed the SF of the home through building department or tax office records prior to closing. And yes, if the Buyer is concerned, the Buyer is responsible for measuring the size of the home unless specifically written in the contract that the Seller would complete this task using experts such as a real estate appraiser or architect.

I don't know how to determine if my contract was written per SF. What I know is what they told me, what was in the newspaper, and a neighbor who watched the SF in the newspaper go up week after week. We did get an appraisal. Oddly, it was not done until just before closing, and we did not see it until after the closing. My assumption was that the mortgage company would not have allowed closing to proceed if the appraisal did not meet whatever requirements there are. I also did call the county tax assessor. They told me a SF number that was FAR less than anything that could be correct. It wasn't until much later that I learned that this # represents only the first floor. I don't understand it, but that is what I'm told now. I assumed their records were so far off that they were useless, and that during our closing process, they'd get fhe correct numbers. As far as concern, we were not concerned. We moving from 1300 SF. This seemed huge to us. It could have been the size they claimed, for all we knew, especially with the layout. I just never imagined someone so blatantly lying and getting away with it. I also hired a home inspection service. I figured they might point out something so blatant. They did not. I do appreciate the feedback. It is frustrating to have let ignorance cost me like this. It is my hope that if I sued them now, I could get the difference per SF from what they claimed to actual. Does that seem likely, under any circumstances, or is it more typical to see a contract voided, where we'd just lose the house completely?

[HomeGuru]

[quote][i]Originally posted by mooreok As far as concern, we were not concerned.

**A: this statement says it all. Where is your real estate agent?

We did not have a buyer's agent. We had an attorney read the contract. We hired a home inspector. It was sold "as-is" as a 3150 sf home. Appraiser said 2661 SF. I measure < 2400 SF.

[HomeGuru]

Originally posted by mooreok
We did not have a buyer's agent. We had an attorney read the contract. We hired a home inspector. It was sold "as-is" as a 3150 sf home. Appraiser said 2661 SF. I measure < 2400 SF.

**A: then contact that attorney.