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Middleton v. Troy Young Realty Inc.

The plaintiffs could not rely on a broker's failure to disclose that their home was smaller than the model home since the addendum to the parties' sales contract specified that plaintiffs were receiving a price reduction due to the difference in lot sizes between their home and the model.

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On May 24, 2000, Tammie and Kelvin Middleton contracted with Mike Moon, the developer of the subdivision, to build and to sell to them the “same house on Lot 74 as on Lot 65,” which was the model home; Troy Young Realty, Inc. was to be the selling broker for Moon. The model house on Lot 65 had 1,854 square feet, but the size of Lot 74 allowed only a smaller foundation that reduced the area of the house to only 1,735 square feet, which caused some design changes and reduced the square footage by 119 square feet.

The Middletons claimed that they did not realize that the change in the foundation and design had reduced the square footage from the model house until they moved into the house and received a copy of the appraisal.

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