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This sort of thing is very common here. Our counties are ALWAYS wrong with their SF.
In my opinion, those same counties or cities rarely go to physically measure the exact SF. They typically go on the original dimensions provided by the builder and clearly, any changes made during construction may not be fully shown in the original site plan or if an extension was added to a home later. In other cases, an inspector may not include a covered patio to be part of the actual SF and a different inspector might include it. Just my $.02 worth.
The old, "WE DON'T KNOW IF WE ARE LYING OR INEPT OR BOTH, SO YOU NEED TO CONFIRM ALL THAT IS IMPORTANT TO YOU," is little protection for the failure of a listing firm to meet the bona fide expectations a licensee embraces.
Obviously, that is not true in all markets, as state and MLS rules vary. But, where I work, it is a brand of ineptitude.
Interesting. I don't see the phrase as saying "We don't know if we're lying or inept or both," and I wouldn't expect it to protect a licensee for failing to meet his bona fide expectations.
I see it as saying "I, the listing agent, cannot possibly know every detail that may be extremely important to you or why it's extremely important. I've done my level best to confirm that everything here is accurate. However, you need to confirm that this property will meet your unique expectations."
If you list a 21 acre piece with a .78 acre homesite/lot, relying on a survey, plat, whatever is customary and accepted, and say "20 acres of woodlands with a cleared .78 acre homesite that percs, perc test results available on request" and an interested party thinks he can enroll 20 acres in the state forestry tax program, it may well serve as a reminder to make sure, lest he find out that the Forest Service calculates his eligible acreage differently, or that he pays for his own survey and finds 20.77 acres instead of 21, etc...
In generally tracking the listings in our area, I've seen almost all of them (hundreds) drop actual room SF measurements in favor of "?" - over the past 2-years. Not sure if this is just easier or a CYA move by listing agents?
There are a few things I would want to see in a listing. HOA, approximate square footage of a house (5% variation would be ok), if a perc test was done, approximate square footage of the lot, whether or not it has flooded in the past, and utilities.
One piece of property I looked at said that the lot was 1 acre. I got out my trusty tape measure to confirm since it didn't look like an acre to me. It was 150 x 140. The realtor looked at me and said 'we are not going to lower the price'.
Another house I looked at, I asked if the house had been treated for termites. The owner said 'I don't know'. Really?????
I am not in a hurry to spend the cash I have saved. Some of the realtors I spoke to acted as tho I should sign a contract after looking at a picture!
I had an issue one time when selling a house. We had listed it in the MLS as so and so square feet. A potential buyer looked up the square footage at the tax assessors office and accused us of adding square footage to the listing.
The answer was the developer had put down the base square footage of my model of house when my house model had the optional FROG (Free Room Over the Garage) that added some 350 square feet.
Interesting. I don't see the phrase as saying "We don't know if we're lying or inept or both," and I wouldn't expect it to protect a licensee for failing to meet his bona fide expectations.
I see it as saying "I, the listing agent, cannot possibly know every detail that may be extremely important to you or why it's extremely important. I've done my level best to confirm that everything here is accurate. However, you need to confirm that this property will meet your unique expectations."
If you list a 21 acre piece with a .78 acre homesite/lot, relying on a survey, plat, whatever is customary and accepted, and say "20 acres of woodlands with a cleared .78 acre homesite that percs, perc test results available on request" and an interested party thinks he can enroll 20 acres in the state forestry tax program, it may well serve as a reminder to make sure, lest he find out that the Forest Service calculates his eligible acreage differently, or that he pays for his own survey and finds 20.77 acres instead of 21, etc...
Sure, we can noodle about and cook up all sorts of possibilities where specialized disclaimer might be appropriate, but really, if the agent doesn't represent that the property can be designated for specific uses, and the buyer (working with a selling agent as their fiduciary, not directly with the listing agent in dual agency or unrepresented) creates a desire that is completely unforeseen, that buyer can hardly expect to succeed with claiming the agent for misrepresentation.
If the assurances come from the selling agent representing the buyer in a fiduciary role, the buyer has a clear avenue to complain about their own agent.
I DO see the phrase very very often clearly in an attempt to protect a listing agent who is just not doing their job, and it is a red flag to me as a buyers agent as to that listing agent's practices. Especially when it is in regards to SF, but in other details.
A long long time ago there were listing agents and sub agents of the seller. There was no such animal as a transaction broker or buyers agent.
It was caveat emptor. Some buyers sued sellers because of real or imagined defects. It was too small or too big… so I pay more per square foot than others or I have to pay more to heat and cool my house. There are school districts that change feeder schools the night before Closing. There are HOAs that raise fees or add special assessments….
So the listing information is deemed reliable but it is not guaranteed. Things change that are out of our control.
Please return to your regular programming. Cranky old lady out.
I had an issue one time when selling a house. We had listed it in the MLS as so and so square feet. A potential buyer looked up the square footage at the tax assessors office and accused us of adding square footage to the listing.
The answer was the developer had put down the base square footage of my model of house when my house model had the optional FROG (Free Room Over the Garage) that added some 350 square feet.
FROG: Finished Room Over the Garage, because in many homes this room is not finished.
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