Developer PMG has been accused of exaggerating the size of some of the units at its luxury Sunny Isles Beach Muse condominium by about 400 square feet in sales materials.

Pinellas County resident Stephen Hess was in line to buy three condos in the Carlos Ott-designed beachfront tower but now wants the return of $7.17 million in deposits, saying PMG floor plans and a fact sheet misrepresented condo sizes of 3,635 square feet, bigger than their actual size.

“Keep in mind, you can't measure it when you buy it because it wasn't built. So the purchasers are dependent on the floor plans and sales materials entirely,” said Michael Schlesinger, Hess' attorney.