How to Protect Your Rights When Your Home Isn’t the Size You Were Promised

Buying a House in Toronto or the Surrounding Municipalities

Buying a house in Toronto or nearby areas such as Scarborough, North York, or Etobicoke is more than just a financial commitment. You expect to move into a home that matches what was represented to you. In the case of Issa v. Wilson, the Ontario Court of Appeal dealt with a first-time purchaser who believed he was buying a home of about 2,000 to 2,500 square feet. Unfortunately, the home’s actual size was only about 1,450 square feet. This discrepancy was discovered after the lender’s appraisal triggered a review. The court found that the misrepresentation of size was material and had induced the buyer to sign the Agreement of Purchase and Sale.

Why This Decision Matters to Home Buyers

When you hire a Toronto real estate lawyer or a conveyancing lawyer in Scarborough, North York, or Etobicoke, the property’s size might not be your first concern. However, this judgment highlights that a representation about size can be crucial. If a buyer relies on false information about a home’s size, the buyer may be able to rescind the contract and reclaim the deposit, even after an inspection. The principle of caveat emptor (buyer beware) still applies in Ontario. Yet, the court reaffirmed that when a seller or agent makes a false statement that is both material and relied upon by the buyer, rescission is possible. In Issa, the court emphasized the purchaser’s inexperience and reliance on the representation as important factors in the decision.

Role of a Real Estate Lawyer in Avoiding and Responding to Size Misrepresentation

If you retain a real estate lawyer in Toronto, Scarborough, North York, or Etobicoke, you gain professional support in reviewing the Agreement of Purchase and Sale, title searches, zoning, and disclosures. Should you discover after closing that the home’s actual size is smaller than represented, your lawyer can advise you on your options. You may have the right to void the contract, pursue remedies, or negotiate with the seller. Having legal guidance provides peace of mind, even after an inspection. A Scarborough real estate lawyer will know local construction practices and listing norms. They will also understand issues like zoning changes, lot size misrepresentation, and title insurance implications. Working with a lawyer familiar with your area ensures a tailored legal strategy for your case.

What to Do If You Discover a Major Size Discrepancy

If you find after closing that your home is significantly smaller than promised, or that the size was a key factor in your decision to buy, contact a real estate lawyer in Scarborough, North York, or Etobicoke immediately. Your lawyer can gather the MLS listing, seller’s disclosures, inspection reports, and Agreement of Purchase and Sale to assess whether a misrepresentation occurred and whether rescission or damages are possible. The sooner the legal review begins, the better your chances of protecting your rights. Buying or selling property is one of the most important transactions you will ever make, strong legal support is essential for property closings, contract review, and due diligence.

A lawyer for buying a house, selling a home, or refinancing a mortgage ensures that your interests are fully protected.