A recent Oklahoma Supreme Court ruling reversed prior rulings and permitted a lawsuit to go forward against both the sellers and the listing Realtor in a dispute over how many square feet in a home.

How Many Square Feet?

The Realtor who listed a house for sale with stated square footage ‘per courthouse records’ now have to defend the square footage amount, along with the sellers, even though they were passing information along to the buyer.

Footage differences were significant: 2,890 per courthouse, three appraisals at 2,187, and one at 2,486. All three appraisals were done by the same appraisal company. The appraisers were not even a party to this lawsuit. The house was appraised at the sales price based on the 2187 square feet. Buyers claim they based their offer on $50/sq ft on the 2,890 square feet quoted by the courthouse and Realtor.

Bad Factors:

The listing Realtor was the seller’s mother. The listing Realtor also represented the buyers in buying the house and listed the buyer’s old home for sale. The listing Realtor advised the buyers to have their old house measured by an appraiser to get accurate square footage but used the higher courthouse footage on her son’s house.

Bottom Line:

Realtors cannot misrepresent property size “unreasonably, recklessly or dishonestly”. This overrides whatever disclaimers and releases a buyer may have signed. Appraisers rarely arrive at the same footage when measuring a house.

The Oklahoma Association of Realtors (OAR) is working on long-term solutions, including a potential legislative solution. MultiList (MLS) is deciding what to do also, including showing a square footage ‘range’ (Tulsa already does this), showing a 0 square footage or no footage at all. I hope it doesn’t come to that. A buyer or Realtor searching for property needs to know the size.

I feel buyers should not get hung up on the price per foot. It’s just a calculation. A neighborhood has a range of prices per foot. It can vary by size – smaller homes are usually higher per foot in the neighborhood. Square footage can’t consistently and accurately be stated by appraisers. A buyer needs to see a home and decide if they fit. Don’t worry a lot about whether the home is 2,650 sq ft or 2,625.

Factors that can affect a square feet calculation

1. Dormers or pitched ceilings which make part of a space shorter than 7’ tall
2. Bonus rooms tucked into attic space are either measured or not, depending on whether they are finished, heated, and/or cooled.
3. Additions or other alterations that were completed without permits
4. Whether the calculation is based on the builder’s plans, outside measurements, or actual interior dimensions
5. Stairways, halls closets, and the thickness of walls can be either included or excluded depending on the calculation method
6. Vertical ductwork chases and other ‘dead spaces’ within a structure may be omitted from calculations based on outside perimeter measurement
7. Second-floor space that does not exist as ‘walkable’ square footage due to rooms with double-height or vaulted ceilings may be included in calculations based on exterior measurements
8. Enclosed porches may or may not be counted
9. Basements, partially or fully finished, may or may not be counted
10. Actual mistakes may arise in the taking of measurements
11. Builder’s plans may not reflect the actual completed dimensions or structure

Buying and selling a home is not an easy process, especially when it comes to disputes over square footage. It’s important for buyers and sellers alike to be aware of the factors that can affect a square footage calculation, so they know what information to trust or double-check. At OKCHomeSellers at McGraw Realtors, we are here to help you navigate through this complex process with expert advice on all matters related to ‘square feet’. Whether you’re buying or selling a property, our team of experienced real estate agents will provide guidance every step of the way so that your transaction goes as smoothly as possible.