Section 4 CCR 725-1-6.11 - Square Footage Disclosure
When a Broker Advertises the square footage of a residential property, including for submission to a multiple listing service, the Broker must disclose the source of the square footage of the floor space of the living area of the residence to Consumers on the Commission-Approved Form.
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A. Broker Measurement
A Broker is not required to measure the square footage of a property. If the Broker takes an actual measurement, it does not have to be exact; however, the Broker's objective must be to measure accurately and calculate competently in a manner that is not misleading and must:
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1.< Disclose to the Consumer the standard, methodology, or manner in which the measurement was taken;
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2. Advise that the measurement is for purposes of marketing and is not a measurement for loan, valuation, or any other purpose; and
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3. Advise that if exact square footage is a concern, then the property should be independently measured.
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B. Other Sources of Square Footage
If a Consumer is provided information from a source other than the Broker's own measurement for square footage, that source (whether an actual measurement, building plans, prior appraisals, assessor's office, etc.) must include the date of issuance, if any, and must be disclosed to the Consumers in writing by the Broker in a timely manner. Such disclosure must be on the Commission-Approved Form. A Broker may not provide information to a person from a source known to be unreliable and is responsible for indicating obvious mismeasurement by others.
4 CCR 725-1-6.11
42 CR 17, September 10, 2019, effective 1/1/2020
