Your Square foot Condo

In light of the current market slow down, more condominium owners are suing developers for not getting the square footage for which they originally paid. As an owner you want to get the most value for your money. When a condo buyer signs a contract with a developer, a Declaration of Condominium clearly defines the unit’s square footage. State law mandates that the developer also disclose the unit’s dimensions in blueprints and sales brochures, which are attached to the final contract.

A developer can rely on an alternate calculation, but the source must be disclosed. This is where most of the law suits are steming from. People think they are getting 2,550 square feet, then it turns out to be 2,400 square feet, or even less.

If the owner discovers a discrepancy between the listed dimensions and the actual square footage of the unit, the owner has up to one year after closing to file a suit for false and misleading publication of information.

A discrepancy in one unit probably means other units are askew. In situations where many units do not have the promised square footage, condo associations can file class action lawsuits on behalf of the affected owners.

Another issue that arises during these disputes is how the developer went around measuring the unit. The measurements are typically made from “paint to paint” or from the beginning of the interior surface to the base of the opposite wall.

The state Department of Business and Professional Regulations enforces the disclosure of unit square footage by developers in contract documents. To satisfy the department, the developer must be consistent in that disclosure.

As a result of the amount of ensuing suits, independent companies are now soliciting condo owners to measure their units. These companies have contingency fees-it behooves them to find a mistake when measuring units.