http://www.trulia.com/voices/Home_Buying/House_listed_as_square_feet_Purchased_and_asse-56729We purchased a house listed through MLS as 4,000 square feet. It was assessed by the town at 3,200 square feet recently. I suppose they included the basement as part of the square footage. The basement is listed as non-habitable by the town and all building permits (does not meet code). Do I have any recourse against the seller or the agents for this misstatement?en-ushttp://www.trulia.com/voices/profile/Real_Estate_Pro-Newton_MA-176039/http://www.trulia.com/voices/profile/Real_Estate_Pro-Newton_MA-176039/There are many answers to this question but the best person to ask answer the question is the listing broker. A screened porch could have been turned into a heated room since the city measured the house, a room could have been added to the third floor, etc. Newton City Hall does not update its records yearly. Ask the broker why there is a discrepancy and see if you are satisfied with the answer. Is there a room in the basement that the family uses even though City Hall does not call is habitable. There are many discrepancies between outdated records and new listing information. Was the house measured by a professional? As for the building permits- when were they issued and what was the code then? There is a little more research you have to do or information you have to give. Nancy Comenitz BrokerWed, 01 Jul 2009 12:34:35 -0700http://www.trulia.com/voices/profile/Home_Buyer-Boston_MA-295608/http://www.trulia.com/voices/profile/Home_Buyer-Boston_MA-295608/Very likely you do, but an attorney would need to review your Purchase and Sale Agreement, your appraisal, and discuss all relevant facts with you. Stephen Kolberg, Esq. 617-771-7800Mon, 22 Sep 2008 12:05:47 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Milton_MA-108937/http://www.trulia.com/voices/profile/Real_Estate_Pro-Milton_MA-108937/Unbeliveable. This is exactly why I don't list or sell in Newton, Brookline, Chestnut Hill, etc.Tue, 09 Sep 2008 12:54:41 -0700http://www.trulia.com/voices/profile/Other-San_Francisco_CA-13410/http://www.trulia.com/voices/profile/Other-San_Francisco_CA-13410/Hi Everyone, Another answer to this question can be found at the link below and I'm going to go ahead and close that duplicate thread. Best Wishes, Emily Gibson Customer Service RepresentativeTue, 09 Sep 2008 12:31:38 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Dallas_TX-123371/http://www.trulia.com/voices/profile/Real_Estate_Pro-Dallas_TX-123371/I would think you need to speak with your buyers agent, appraiser. Appraisal report would have authored the sq. ft for the home. any room not included in the HVAC cant be counted as a room or sq. ft. to a home. Sorry to hear about your circumstance. GREAT question. http://www.lynn911.com http://www.homes-for-sale-dallas.comTue, 09 Sep 2008 11:25:32 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Austin_TX-246158/http://www.trulia.com/voices/profile/Real_Estate_Pro-Austin_TX-246158/John, What the local taxing authority has the house measured at, is often times incorrect. Especially if the house is older and has had any modifications. When you purchased the home, did you get financing? If yes, then you probably had to have an appraisal. The appraiser would have been required to measure the home and provide a floor plan in the appraisal itself that lists the conditioned space square footage (livable) and the total square footage. If you didn't get a copy of the appraisal from your lender, demand one. They are required to give you a copy if you ask for it. Compare the results of the appraisal to what the house was listed as having, you may find out where the discrepancy lies. Worst case is to do as Cameron indicated, measure the home yourself. Although I don't know of a situation where anyone measures a home from the interior, unless it's a condo/townhome situation. You can also pay an appraiser to just give you a measured drawing of the home, most will charge $100 to $150 for the effort. JeffreyTue, 09 Sep 2008 11:05:41 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Minnesota-277544/http://www.trulia.com/voices/profile/Real_Estate_Pro-Minnesota-277544/John, Before you seek recourse there are two things to think about. Most agents write something like buyer/buyer's agent to verify all dimensions and most MLS disclose that "information deemed reliable but not guaranteed." Second, you will want to measure the house yourself. There is a lot of latitude in measurements since realtors aren't architects and don't create blueprints from their measurements. Some people measure to the outside of the wall and some to the inside. Do yourself a favor and be as generous as possible in measuring your house and see what you come up with. If you are even close the the 4K area, I would focus my time on more fruitful endeavors. In the end this is a question for an attorney. You will want to find someone who can help you with misrepresentation.Tue, 09 Sep 2008 10:41:12 -0700