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MLS Mayham: Legal Eagle Lands at The Metropolitan

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Looks like we've got a problem at the Metropolitan, folks. A buyer and a seller, both of whom will remain unnamed here are in litigation— second round, it appears— over a case of alleged misuse of the MLS. The opening argument:

This deceptive and false advertising case has important ramifications for a group of Californians whose rank continues to grow rapidly: people who have been flocking to buy residential condominiums, which a growing number of home buyers no longer consider second-class citizens to the single-family houses. This case arises out of the deceptive and false advertising about the true square footage of a highrise residential condominium unit ...Here's the long and short of it: According to a case pending in the CA Court of Appeal of the CA Supreme Court, said anonymous seller falsely listed their unit on the MLS as being upwards of 100 square feet over its actual size, a discrepancy that said anonymous buyer discovered ex post facto. That is, once s/he overpaid for the unit by a boat load— to the tune of $100K-plus, to be exact.
The original sale was brokered through Metropolitan developer Crescent Heights Inc., and then re-sold to the defendant through the same agent, who had since left for another agency (cough—Pac Union— cough). Main point of contention (aside from blatant false advertising, question of seller/agent responsibility, and the slew of legal mishaps that have taken place since initial filing, that is): both parties claim their measuring methodology to be the proper way of determining the square footage of the unit.

According to one drawing, a particular measurement was reached by removing certain interior walls, columns and utility, electrical, heating and plumbing chutes (i.e. the interior wall was measured). Another floor plan shows that 6 inches were added to that figure, thus altering the final number again (allowance for the junk listed above). Architects have been hired and AutoCAD brandished about— the battle rages on, yadda, yadda, et cetera, et cetera.

Bottom line: Which is the "correct" way to measure square footage in a unit? And who is responsible for said figure— seller, agent, or both?

The Metropolitan

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