The Tennessee Court of Appeals has ruled in The Cadco, LLC v Barry (2006 Tenn. App. LEXIS 37) that a real estate agent was not responsible for an alleged misrepresentation of the square footage in a listing on MLS. Even though the square footage was inaccurate, it contained no misrepresentations because the square footage provided was expressly designated as an “estimate.” In addition, the MLS listing provides that the information provided was not guaranteed. Therefore, the real estate agent did not make any misrepresentations by offering an estimated square footage.
Stay tuned next week for more information on Square Footage and how to avoid liability when making the square footage representations in MLS listings and other advertising.