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Home / Courts / Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Square Footage (access required)

Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Square Footage (access required)

Alpha Contracting Services, Inc. v. Household Finance Corp., II The respondent-seller received an appraisal indicating that its house had only 3,043 square feet of heated living space, but the seller did not inform the respondent-agent; thereafter, the agent listed the house for sale, representing that the house had 3,916 heated square feet of living space (a figure obtained from the tax assessor's office). Even though the house actually had only 2,942 square feet of heated living space, the appellant-buyer cannot make out a claim of negligent misrepresentation since the buyer failed to do his own investigation and since the parties' contract disclaimed any warranty as to square footage.

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