Living Area Dispute: What to Do?


Questioner

I recently found out through an estate agent that my home is 15m2 less living space than originally thought. When I look at the sales brochure (2008) of the estate agent who sold the property at the time and the appraisal report (2008) of the appraiser, I really see 65m2 living space. I have informed both the selling agent and the appraiser in writing about this situation. The selling agent says that he measured the living area in good faith and the appraiser takes no responsibility (only acknowledges his mistake). What are my options? Can I also file a complaint for deception?

Lawyer

Reporting is not an issue. This is a civil matter and not a criminal offence. I cannot assess whether you have a chance of compensation for your damage based on these facts. This depends, among other things, on what exactly is stated in the sales brochure and the purchase agreement. In addition, it is important whether you can demonstrate that the seller and/or the appraiser were aware of the fact that the surface area was smaller than in the brochure. You also have to deal with a possible statute of limitations on your claim (this also depends on the precise circumstances). You can contact me to discuss the facts and assess whether it makes sense to initiate proceedings.

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