Estate agent liability for residential space

Questioner

Ir/Madam, In 2008 we bought a starter home which was described as having a living area of ​​around 100m2, according to the valuation report. We have now had our house for sale for a few months and when the selling agent measured the house, it turned out that there was only around 78 m2 of living space. This may have negative consequences for the sales price of our home. Can the selling agent who sold the home in 2008 (which has not been renovated or otherwise modified in the meantime, resulting in less m2 of living space) be held liable or is there another possible solution for this unpleasant situation? The difference between the estimated number of m2 and the actual measured m2 is very large. Thank you very much for your response, if this is a sensitive issue you can also email me directly.

Lawyer

various rulings in this area show that it depends on various circumstances whether you can win the case. In order to form a sound judgment, it is therefore necessary to look at all circumstances Example The court in Arnhem ruled on 23-07-2008 on a house that was listed on Funda and in the sales brochure as “approx. 160 m2” but which in reality was 125 m2. The sales documentation contained floor plans of the house stating the actual dimensions of the most important rooms. The house had not been measured during the building inspection that was carried out on behalf of the buyer. The court dismissed the buyer’s claim against the estate agent with a number of considerations: 1) the buyer had bought what he had seen; 2) the sales documentation contained more detailed information about the dimensions of the home; 3) the buyer had in no way indicated that the number of square meters was of essential importance to him; 4) the buyer had not paid too much for the home, given the appraisal value (higher than the sales price);

Questioner

Thank you very much Robert for the response and here is my response. 1) Correct, we had bought this based on the valuation report in which the 100 m2 living area is mentioned. Furthermore, the plot area is mentioned everywhere in all documents which is also correct and still is (140 m2). 2) This is not the case, only information about the plot area. In both the deed of transfer and other documents from the notary, nothing is mentioned about the living area. 3) How can this be demonstrated? We have been in good faith that what is stated in the valuation report was correct information. The building inspection also did not reveal anything unusual. Since we were starters (read: laymen) in 2008, this was how we made the assessment. Since we could get the amount in terms of mortgage, this was not really something we showed, but also not something we did not show. It was actually just not discussed. 4) The appraisal value is lower than the sales price as we obtained it in 2008, there is a residual debt despite this higher sales price and investments of approximately 16,000 euros that have been made in the home and can be demonstrated via invoices/receipts. If additional information or coordination outside the forum is required, please let me know. The purpose of this post is to determine whether legal action is even possible and whether there is any chance of success.

Lawyer

I understand that your goal in this post is to determine whether legal action is possible at all and whether there is any chance of success. This site is intended to provide a general answer to questions. The general answer is that legal action is possible and that there is a chance of success. How great that chance is depends on a number of circumstances. You are responding to the ruling of the Arnhem court and can already see that your situation is different. If you want more clarity, you can contact me without obligation. I can then tell you what I need for a well-founded advice and what that will cost you.