Can a developer do this? Is it legal?

[rk23aa]

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Washington - Seattle
I bought a condo last year presale and put 5% down in earnest money. The condo was advertised for 597 sq ft. I am closing this month and received a copy of the appraisal from the lender a few weeks ago. The appraisal says the unit is 570 sq ft. The appraisal came in for purchase price however I feel this is misrepresentation by the developer. I would have never bought the condo if it was 570 sq ft. They are saying the survey list it at 597 sq ft so I have no claim, well it's 6% smaller than what I signed up for. Every document I have has 597 sq ft listed on it and no where do they say it is from the survey and not actual sq footage.

I don’t want out of the deal however I feel I was taken advantage of and should be compensated with something, upgrades of some sort if they won’t budge on price.

I am thinking about hiring an attorney since my biggest mistake was hiring my agent who has done nothing for me and will collect the commission.
Do I have a case, any advice??

[CraigFL]

You need to find out how the unit was measured/estimated. The missing space you're talking about is a spot 5 feet by 5 feet. Maybe a closet was missed or a hallway not counted. If you have the room sizes you can add them up and compare.

[rk23aa]

I condo is a rectangle. I have both the survey and the appraisal. The length is exactly the same the only difference is the appraisal has the width at 16' and the survey has it as 17'. From my under standing the survey was completed without the interior walls - from center of wall frame.

[HomeGuru]

Originally Posted by rk23aa

I condo is a rectangle. I have both the survey and the appraisal. The length is exactly the same the only difference is the appraisal has the width at 16' and the survey has it as 17'. From my under standing the survey was completed without the interior walls - from center of wall frame.

**A: you have no claim. There are varied methods of measuring condo space. What SF is listed on the condo map registered with the state.

[HuAi]

27 sq ft is nothing! when i measured my condo after purchase it was almost 100 sq ft short. Why? Because I measured room dimensions and original survey measured the external dimensions including all interior walls.

The bottom line is that you saw the condo before you bought it and knew what you were purchasing. If the survey came back and told you your condo is 650 sq ft according to how they measured it, in practice it wouldnt help you fit a single extra t shirt into your closet!

[CraigFL]

Another thing to consider is -- What do you actually own. It could be to the center of the inside of the wall if it has single walls or if it is double walls, you may own to the otherside of the near wall...

[HomeGuru]

Originally Posted by CraigFL

Another thing to consider is -- What do you actually own. It could be to the center of the inside of the wall if it has single walls or if it is double walls, you may own to the otherside of the near wall...

**A: generally, condo ownership area is the air space that is inside the floors, walls, ceilings etc. The CC&R's should spell out ownership areas of the condo space, common areas, limited common areas etc.

[rk23aa]

thanks for the response.

I know 30 sq ft isnt a big deal but for something this small it comes out to 1 foot smaller width making it only 16' wide by 36' instead of 17' by 36.

I just feel taken advantage of cause I specifically asked what is the actual square footage while in the sales center and was told 600, have documents showing 600. I wouldnt have bought the place if I new it was the survey that said 600 and the actual from appraisal would be 570.

My concern is when I sell it down the road and list it as 600 sq ft cause thats what the survey says but then since lenders are so strict the appraisal will come back saying 570 sq ft and the person will want to negotiate a lower price

What does CC&Rs mean?

[HomeGuru]

Originally Posted by rk23aa

thanks for the response.

I know 30 sq ft isnt a big deal but for something this small it comes out to 1 foot smaller width making it only 16' wide by 36' instead of 17' by 36.

I just feel taken advantage of cause I specifically asked what is the actual square footage while in the sales center and was told 600, have documents showing 600. I wouldnt have bought the place if I new it was the survey that said 600 and the actual from appraisal would be 570.

My concern is when I sell it down the road and list it as 600 sq ft cause thats what the survey says but then since lenders are so strict the appraisal will come back saying 570 sq ft and the person will want to negotiate a lower price

What does CC&Rs mean?

**A: do a search on CC&R's. It is not Creedence Clearwater Revival.