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Want Out Of Lease Purchase Contract

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  • 02-16-2008, 10:34 PM
    dagarns
    Want Out Of Lease Purchase Contract
    We have a situation where the owners stated in the advertisement that the house is 3200 square feet. We found out thru the assessors office that the house is only 3000 square feet. The owner didn't use the word approximately. We feel cheated out of a extra bed room. Can we terminate our lease and seek restitution for first months rent and deposit?:confused:
  • 02-16-2008, 10:47 PM
    4eyedbuzzard
    Re: Want Out Of Lease Purchase Contract
    Size doesn't matter...

    Very, very, VERY doubtful and pretty much impossible if you physically inspected/looked at the house prior to signing the lease, which is likely the case. There aren't any less bedrooms than there were when you inspected it. You're renting a residence. It isn't a commercial/industrial lease.

    EDIT: Talk to the landlord. Print out your above post and show it to them. They might just allow you to cancel. I sure would consider it if I were them. Be prepared to offer them some compensation for their inconvenience.
  • 02-17-2008, 01:41 PM
    dagarns
    Re: Want Out Of Lease Purchase Contract
    No I am not saying it was another bedroom. I am saying that its 200 less square feet is like the size of a bedroom missing. Yes we did physically inspect the property but we didn't have a square footage tool with us. I heard that you can sue a landlord if they advertised the house as being a certain amount of square footage and it wasn't. They call it misrepresentation. I was trying to confirm it on here with someone with legal knowledge if possible.
  • 02-17-2008, 01:58 PM
    4eyedbuzzard
    Re: Want Out Of Lease Purchase Contract
    You might to read this linked article, especially the following part, "...As Realtors, we are taught if there is a discrepancy in the Tax Record size and an appraiser’s square footage measurements, to always trust the appraisal..."

    http://crosslandteam.com/blog/2006/0...-footage-size/

    1) Have you physically measured the house?

    2) In a lease, a minor dscrepancy in square footage isn't going to make as much difference as it would in a sale contract.
  • 02-17-2008, 02:19 PM
    Gray
    Re: Want Out Of Lease Purchase Contract
    First off, you should know that the assessor's office isn't always 100% correct. Many, many times there are reasons they are wrong. I have 3 different square footage amounts for my home. The tax records indicate that my home is 2926 square feet. I had an appraisal done that indicates my house is 3100 square feet. I had another appraisal done that indicates my house is 3750 square feet. Here's the problem: if you measure the inside of a homes rooms and hallways and closets etc, you will lose some square footage because of the walls. If you measure the outside footprint of the house and multiply by 2 if it is a two story you will get a larger number. In my case I have a 3rd floor that the tax record and the first appraiser did not include. So you see, it can depend on how the measurement was taken. In a rental I own, there is a sunroom which was an addition to the original footprint of the house. This usable square footage is not recorded on the tax record, however the appraiser did include the area in his report. You could ask the owner how they got the measurement, you could do your own measuring, you could still end up with different numbers. Tax records often do not include 3rd floors or finished attic spaces, finished basement areas, and additions.
  • 02-17-2008, 03:10 PM
    dagarns
    Re: Want Out Of Lease Purchase Contract
    The home doesn't have any added finished space, basement or sunroom. The owner stated that he got his information for the tax assessors office. So he lied period, he was 200 off from the tax assessors which is where we got our information.The tax assessors office goes from the builders plans that were submitted and the appraissor that was used. Basements aren't usually included, but this home has a unfinished basment. He rounded it up to make the house more marketable in my opinion. I am going to hire someone to come and give me the correct square footage. I would never had even looked at this home if it didn't meet the criteria that I was looking for. We knew as soon as we moved our items in that it felt smaller.
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