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Can buyers back out of a contract if the listing agent inflated the square footage?

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  • Can buyers back out of a contract if the listing agent inflated the square footage?

    For example, we were looking at 255 East 49th Street #26E which the listing agent is marketing at 1,000 square feet. This seems like an implausibly round number.

    If we make an offer and sign a contract, at what point can we no longer back out of the deal if it turns out that the listing agent lied about the size of the apartment, and the square footage is actually smaller?

  • #2
    Responsibility of the buyer's broker, buyer's lawyer and buyer to review diligence documents including the offering plan. Not saying it was right for the seller to misrepresent but buyer had an opportunity during diligence phase (pre-signing of contract) to point this out and either renegotiate certain terms or walk away from the deal. Too late now.

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    • #3
      If the listing agent is a Realtor(R), then he may be responsible for inaccurate marketing of the property under Articles 2 and/or 12 of the National Association of Realtors(R) (NAR) Code of Ethics. I would advise you to contact your local Realtor(R) board and ask them about filing a complaint.

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