Square Footage Misrepresented By Seller

Question: The MLSi computer printout states that the home is 2,500 square feet. After the 10-day inspection period the appraisal comes in at 2,000 square feet. Is the buyer entitled to cancel the AAR (Arizona Association of Realtors) Contract based on the misrepresentation by the seller?

Answer: No. The AAR Contract states that, if square footage is material to the buyer, the square footage must be verified during the inspection period. Thus the buyer is not entitled to rely on the square footage set forth in the MLS computer printout.

From Phoenix attorney Christopher A. Combs. Mr. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2005, all rights reserved.

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