| When you sell your home, commercial, or rental | | | | office or commercial building or rental's living or |
| property don't let your realtor misrepresent the size | | | | occupy-able space. |
| of your property. In today's market many people | | | | The key to staying out of trouble is the way the |
| don't need much excuse and will look for a reason to | | | | square footage is referred to when you try to sell it, |
| sue. There are some severe legal liability issues for | | | | in advertising such as on the MLS (Realtor Multi Listing |
| you and the realtor to consider if the buyer can | | | | Service), Newspapers, Flyers and Signs. If you refer |
| prove misrepresentation. Recently there have been | | | | to the square footage in any advertising at all, you |
| court rulings against Realtors and Home Sellers for | | | | need to list the source of that information. In most |
| doing just that. | | | | cases it's the tax records, a set of architectural plans, |
| It's easy to make a mistake, so list the source of | | | | or a certified appraisal. If you refer to one of those |
| any information you provide. Some people use an old | | | | sources you should be okay, even if it's wrong and |
| appraisal, some use the tax records, some use | | | | you don't know it. Some appraisers, architects and |
| information that was passed along by the previous | | | | builders have been known to make mistakes |
| seller or realtor. Some sellers have just taken the | | | | themselves. Many times there may have been |
| word of a neighbor or have included roof overhang, | | | | additions where no building permit was obtained, so |
| not just interior space. It's not always easy to arrive | | | | the addition is not shown on the tax records. If that's |
| at the correct number. Most appraisers measure the | | | | the case you may be the source and you will need |
| building's exterior walls and use math formulas to | | | | to maintain a file containing plans and specs that will |
| calculate the interior square footage. The tax records | | | | prove the additional footage and back up any |
| often show footage taken from the original builder's | | | | information you've provided. |
| plans when he applied for the permit to build the | | | | If you and your realtor have made your best effort |
| structure. Many home owners have a copy of the | | | | to pass along the information you have and believe |
| advertising floor plan that they got from the builder's | | | | to be correct and make no attempt to inflate or |
| showroom when they bought the home. | | | | misrepresent the numbers, you should be on solid |
| So, as you can see, there are a lot of ways to look | | | | grounds. I am not a lawyer and am not attempting |
| at it. There are all kind of variables. It's most common | | | | to give legal advice. If you are in doubt always seek |
| and accepted to just count the area of the home, | | | | the advice of an attorney for legal issues. |