Do you think size—square footage—really matters? After all, if buyers love a property, do they really care if it’s 3,300 square feet or 2,960 square feet?

After the purchase, the buyer learned that water damage had created structural problems on the property and he filed a lawsuit against the seller, the listing broker, and her own buyer’s agent for misrepresentation of the property.

In the Hirshfield case, the plaintiff and defendant owned adjoining parcels in Bel Air, California – an upscale residential suburb in San Diego County. Schwartz had built waterfalls, a block wall, a stone deck, a Koi pond, and installed a putting green that encroached on Hirshfield’s property.