I Got Screwed

**countrymanl67** · 10-17-2011, 06:50 PM

Hi,

Last year I bought a house in Polk County, Wisconsin. I thought the market was turning around in the third quarter of 2010 and bought a cheaply built split level house for $170K. There was nothing in the summer of 2010 that interested me and when this popped up I was all over it. For a little history about my situation, here it is.

In 2008 I was lucky enough to obtain a high paying career. In 2009 I started looking at land so I could build a new house on secluded acreage. Later that year I realized that buying newer preexisting would be my best bet. In spring of 2010 i encountered my dream house. Beautiful secluded 2007 built ranch with 2600 sq. ft on one level and 6.8 acres of woods. I put my offer in one day too late and it sold for $170K like I paid for my split. The whole summer went by and these crappy houses started selling because of all the incentives. So i thought if I didn't buy quick i wouldn't be able to buy at all. So, I jumped on my cheaply built house after the incentives ended, thinking there would be new incentives to jack prices up more.

My house is a 2005 built split level on 3.2 wooded acres. It is a nice location by most standards. But it is still a neighborhood. I HATE neighborhoods, rural or not. To make a long story short; my next door neighbors lost their house not long after I bought mine. Ohhh, that was nice not having a neighbor. This summer that house five feet bigger in both length and width than mine sold for $134K. I was and still am FURIOUS. Sure, my house has a three car garage vs. there two, and I have a deck. But still, I should have paid no more than $150K.

So, whats my question? The listing agent totally inflated the square footage on my house. He listed 1156, I got 905. The house next door listed 1130 and I measured that house and know its bigger than mine. Not to mention I had a bad leak in my entry way last winter because I had "frost buildup" on my exterior walls due to poor insulation. Also, I found out my exterior wall behind the siding is particle board like a house built in the damn 60s. My question is, can I sue someone for the $20K I overpaid. I'd say the inspector for not catching the proper dimensions and lying about built quality. What are your thoughts?

**Greg** · 10-18-2011, 06:22 AM

I doubt you could win for overpaying because at the time you purchased you paid fair market value.

But,you might have something with the missing square footage. Call the state real estate commission in charge of isuuing licenses, not the local board of realtors, and inquire about an agents responsibility for measuring a house and the proper way to measure a house.

The laws vary from state to state about an agents responsibility and the procedure used to measure. Find out what the laws are in your area before you talk to some lawyers about your prospects of winning a lawsuit.

**clemy** · 10-20-2011, 10:18 AM

Originally Posted by countrymanl67

So, whats my question? The listing agent totally inflated the square footage on my house. He listed 1156, I got 905. The house next door listed 1130 and I measured that house and know its bigger than mine. Not to mention I had a bad leak in my entry way last winter because I had "frost buildup" on my exterior walls due to poor insulation. Also, I found out my exterior wall behind the siding is particle board like a house built in the damn 60s. My question is, can I sue someone for the $20K I overpaid. I'd say the inspector for not catching the proper dimensions and lying about built quality. What are your thoughts?

Check with the county assessor's office and see what they list as your square footage. And ask how square footage is determined. This might answer your first question.

As to suing the inspector - I have never had an inspector measure the house. I have had appraisers measure, but never an inspector. As to quality of building materials, well, did you ask him specifically during the inspection about any of the materials used in your house? Inspectors are only looking at the current condition of the house, they can't tell you what exactly is inside your walls unless you have a hole somewhere that they see into easily.

**LondonHomes** · 10-20-2011, 01:26 PM

Sorry to learn that you feel you had a bad experience. Locally when ever we list room sizes we have a disclaimer on them saying estimates only and that they are subject to the buyers review.

Is there a similiar disclaimer in your area and why didnt' you review the room sizes yourself prior to making the offer?

**Greg** · 10-21-2011, 05:14 AM

We have the same disclosure on our MLS data but it does not relieve the listing agent from the duty of providing accurate measurements. Most of the agents here do not realize this and they just put anything in there not knowing they can lose their license and be held financially responsible.