Unfinished basement counted in sq ft

[Sam Abe]

We just offered on a house with all contingencies waived and after the depositing the initial deposit we realize they are counting 300 sqft of completely unfinished room with no ceiling hvac huge  unit in it and with all sorts of pipes taking floor space and ceiling space as a room of 300 sq ft.

This is misrepresentation as it makes the house so much smaller in the basement and we are already paying above asking by 50K. The listing matches the public records but that area is in no way livable. Doesn’t have heating/cooling and is junk space with the electricals no flooring no finished walls .

can we cancel this contract and get our money back. 

[Andrew Syrios]

Often the listing agreement will say something like "buyer to verify." But the disclosures usually have something about "are there any rooms with no ventilation." If they marked "no," that would definitely appear to be a misrepresentation. Of course, I'm no attorney so you should consult with one.

But before gping nuclear on them, I would just address to them and assume it was a mistake. "Hey, I know that we waived our contingencies but it has just come to our attention that 300 sq. ft. of space is actually unfinished basement and is unventilated despite the disclosures saying there is no unventilated space. I know these kinds of mistakes happen, but can we just make this right and adjust the price according?" or something like that.