Home bought with wrong basement footage.

[littleMike]

What is the name of your state (only U.S. law)? MA

I bought a house 4 years ago including finished basement. The included basement footage was not included gross living area, instead, in the MLS listing, it was listed in an additional remarks "additional 1500 sq/ft finished basement".

There are two issues now. One is the actual finished basement is only 900 sq/ft, far less than claimed 1500 sq/ft. Second likely the finished basement didn't pulled permit during construction. Certainly it would be much better if I had found this 4 years ago. Is there a legal base I could chase previous seller for false claim of the footage?

Thanks.

 

[STEPHAN]

It depends on your contract.

Usually it is worked in a way that you are responsible for measuring and inspecting the property and sq is usually not included in the contract.

 

[FlyingRon]

The MLS square footages are specifically disclaimed as approximate. You're expected to do your due diligence. Your alleged reliance on that is not actionable. Unless some part of your purchase contract made reference to he square footage (unlikely) it's a what you see is all you get matter.

As for the lack of permits, you might have a claim if you can prove the seller knew that the basement renovation was unpermitted and fail to diclose it.

 

[latigo]

What is the name of your state (only U.S. law)? MA

I bought a house 4 years ago including finished basement. The included basement footage was not included gross living area, instead, in the MLS listing, it was listed in an additional remarks "additional 1500 sq/ft finished basement".

There are two issues now. One is the actual finished basement is only 900 sq/ft, far less than claimed 1500 sq/ft. Second likely the finished basement didn't pulled permit during construction. Certainly it would be much better if I had found this 4 years ago. Is there a legal base I could chase previous seller for false claim of the footage?

Thanks.

(You want to "chase" the seller? And four years hence? What do you intend do if you catch him?)

The only conceivable legal remedy would lie in the area of rescission of contract. But that would entail a material misrepresentation by the seller and one that you had the right to rely on and wouldn't have made the purchase otherwise.

PLUS convincing proof that it was a condition that you were unaware of at the time and could not have become cognizant upon a reasonable inspection. With not a hint of any such present here.

Also, you backing out of the purchase.

Additionally, there is the seller's defensive hurdle of "laches" if not the statute of limitations. Either of which you would have considerable difficulty jumping over in the chase.

As they say in the Bronx, fugetaboutit!