Published October 9, 2026 · Recalde & Friedman, PLLC
Why the numbers differ
A buyer sees one square footage in the listing, another on the property appraiser's website, and a third on the appraisal. That's common, and usually not fraud. Different sources measure differently:
- Property appraiser records may report "adjusted" or "total" area that includes garages, porches or other areas, along with a separate living-area figure.
- Appraisals typically measure gross living area from exterior dimensions, under the lender's standards.
- Condominium declarations define unit boundaries. Interior measurements, exterior-wall measurements and the declaration's figures can all differ.
- Additions and enclosures, sometimes unpermitted, may be counted by an owner but not by the property appraiser.
What the contract says
The Florida Realtors/Florida Bar AS IS contract addresses this directly. In Paragraph 14, Professional Advice; Broker Liability, the broker advises buyer and seller to verify square footage and other facts, and the buyer agrees to rely solely on the seller, professional inspectors and government agencies, not on the broker's representations, to verify property condition, square footage and facts that materially affect value. The broker states that its representations are based on seller representations or public records.
The practical message: if square footage matters to you, measure it or have it measured during the inspection period. Under 12(a), a buyer may terminate in its sole discretion before the period ends.
Seller duties
The contract doesn't eliminate the seller's disclosure duty. Under Johnson v. Davis, a home seller who knows of facts materially affecting value that aren't readily observable and aren't known to the buyer must disclose them. The contract's seller disclosure (10(j)) says the seller knows of no such undisclosed facts. Whether a square-footage difference is "material," and whether the seller knew about it, depends on the facts.
Licensee duties
Florida licensees acting as transaction brokers or single agents must deal honestly and fairly, use skill, care and diligence, and disclose all known facts that materially affect the value of residential property and aren't readily observable to the buyer (§ 475.278, Fla. Stat.). Good practice:
- State the source of any square footage in the listing, such as "per property appraiser" or "per seller."
- Don't add enclosed or unpermitted space to living area without saying so.
- Correct the listing promptly if you learn a figure is wrong.
When it becomes an issue
- Appraisal. A lower appraised living area can reduce value. Whether the buyer can cancel depends on the financing contingency and any appraisal rider. See conditional approval vs. loan approval.
- Unpermitted space. If the difference comes from an enclosed garage or an addition, check permits. See open permits.
- Taxes. The property appraiser's figures affect assessment. Questions go to that office.
Hypothetical
A listing advertises living area taken from the seller's memory of the purchase brochure. The buyer's appraiser measures meaningfully less, because a covered patio was enclosed without a permit and counted by the seller. The buyer is still within the inspection period, so it can negotiate or terminate. If the period had ended, the buyer's options would be narrower and would turn on the contract terms, the disclosures and what the seller knew.
Tips for buyers
- Compare the listing figure with the property appraiser's record on day 1.
- If it matters, have it measured during the inspection period.
- For condos, read the declaration's unit boundary description.
- Ask about any enclosure or addition, and check permits.
For more on licensee duties, see the study guide chapter on brokerage relationships.
Condos: the declaration controls
For a condominium unit, the declaration and its exhibits define what the unit is, including where the boundaries fall at the walls, floors and ceilings. Marketing materials often quote a different number that includes balconies or wall thickness. If a buyer is comparing price per square foot across buildings, the figures may not measure the same thing.
For listing agents
When you take a listing, pull the property appraiser's record and compare it with what the seller tells you. If they differ, find out why before the listing goes live, and say in the listing which source you used. A sentence of explanation at listing can prevent an appraisal surprise, and a dispute, weeks later.
Frequently asked questions
Why does the listing square footage differ from the property appraiser's?
Sources measure differently. Property appraiser records may include garages or other areas in a total figure, appraisers measure gross living area, and condo declarations define unit boundaries their own way.
Can I rely on the agent's square footage?
Under Paragraph 14 of the FR/BAR contract, the buyer agrees to rely on the seller, professional inspectors and government agencies, not the broker, to verify square footage. Measure it during the inspection period if it matters.
Does the seller have to disclose a square footage problem?
A Florida home seller must disclose known facts that materially affect value and aren't readily observable or known to the buyer. Whether a particular difference is material depends on the facts.
What duties do Florida licensees have about square footage?
Licensees must deal honestly and fairly, use skill, care and diligence, and disclose known facts that materially affect the value of residential property and aren't readily observable to the buyer.
Related articles
- Inspection Found Major Repairs Under an AS IS Contract: Your Options
- Open and Expired Permits in Florida Closings: What Buyers and Sellers Should Know
- Surveys, Right-of-Way Encroachments and Elevation Certificates in Florida Closings
- Conditional Loan Approval vs. Loan Approval: Protecting the Deposit Under the Financing Contingency
Also useful: Study guide: brokerage relationships · For agents
- Florida Realtors/The Florida Bar, AS IS Residential Contract for Sale and Purchase (ASIS-7x, Rev. 12/24, 2026 update)
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
- § 475.278, Fla. Stat.
Last reviewed October 2026. Laws change; confirm current law before relying on this page.