Disclosure of information concerning size or area of property involved in real estate transaction; liability; remedy for violation of section
1)(a) In connection with any real estate transaction, the size or area, in
square footage or otherwise, of the subject property, if provided by
any real estate licensee in accordance with paragraph (b)(i) and (ii),
shall not be considered any warranty or guarantee of the size or area
information, in square footage or otherwise, of the subject property.
(b)(i) If a real estate licensee provides any party to a real estate transaction
with third-party information concerning the size or area, in square
footage or otherwise, of the subject property involved in the
transaction, the licensee shall identify the source of the information.
(ii) For the purposes of this section, “third-party information” means:
- An appraisal or any measurement information prepared by a
- A surveyor developer’s plan prepared by a licensed surveyor;
- A tax assessor’s public record; or
- A builder’s plan used to construct or market the property.
(c) A real estate licensee has no duty to the seller or purchaser of real
property to conduct an independent investigation of the size or area,
in square footage or otherwise, of a subject property, or to
independently verify the accuracy of any third-party information.
(d) A real estate licensee who has complied with the requirements of
this section, as applicable, shall have no further duties to the seller
or purchaser of real property regarding disclosed or undisclosed
property size or area information, and shall not be subject to liability
to any party for any damages sustained with regard to any
conflicting measurements or opinions of size or area, including
exemplary or punitive damages.
(2)(a) If a real estate licensee has provided third-party information to any
party to a real estate transaction concerning size or area of the
subject real property, a party to the real estate transaction may
recover damages from the licensee in a civil action only when a
licensee knowingly violates the duty to disclose the source of the
information as required in this section. However, nothing in this
section shall provide immunity from civil liability to any licensee
who knowingly misrepresents the size or area of the subject real
(b) The sole and exclusive civil remedy at common law or otherwise for
a violation of this section by a real estate licensee shall be an action
for actual damages suffered by the party as a result of such violation
and shall not include exemplary or punitive damages.
(c) For any real estate transaction commenced after July 1, 2013, any
civil action brought pursuant to this section shall be commenced
within two (2) years after the date of transfer of the subject real
(d) In any civil action brought pursuant to this section, the prevailing
party shall be allowed court costs and reasonable attorney fees to be
set by the court and collected as costs of the action.
(e) A transfer of a possessory interest in real property subject to the
provisions of this section may not be invalidated solely because of
the failure of any person to comply with the provisions of this
(f) The provisions of this section shall apply to, regulate and determine
the rights, duties, obligations and remedies, at common law or
otherwise, of the seller marketing the seller’s real property for sale
through a real estate licensee, and of the purchaser of real property
offered for sale through a real estate licensee, with respect to
disclosure of third-party information concerning the subject real
property’s size or area, in square footage or otherwise, and this
section hereby supplants and abrogates all common-law liability,
rights, duties, obligations and remedies of all parties therefor.