Realtor Misrepresented Square Footage By 626 Sq Ft, Dual Agent Breached Confidentiality – What Are My Options?

Minnesota – We placed an offer on a home (1201 Angelo Drive, Golden Valley) based on MLS listings showing 3,382 finished sq ft. The same agent had listed it in 2023 with the same number.

• Older MLS records (2009 & 2015) showed 3,003 sq ft, so we asked the agent about the discrepancy. • She claimed the laundry/utility room counted as finished space because it once had rubber flooring. MLS guidelines require permanent flooring, so this didn’t make sense. • County tax records showed 3,374 sq ft, yet her database screenshot showed 3,970 sq ft. None of it matched. • We hired an independent certified appraiser. On 10/31/25, she measured 2,758 finished sq ft — 626 sq ft less than listed (22.6% overstatement). • When we confronted the agent and broker, they dismissed it as a “measurement error.” • I proposed a resolution (~$160k adjustment based on price per sq ft). Instead of addressing it, the agent forwarded my confidential email to the seller without consent, despite being a dual agent with fiduciary duties. • Later, they sent us a “sketch” with inflated numbers, unsigned and uncertified, trying to counter the appraisal.

We canceled the purchase agreement.

Issues I see:

• Misrepresentation of material fact (square footage). • Breach of fiduciary duty/confidentiality by dual agent. • Possible violation of Minnesota real estate licensing laws and ethics rules.

Questions:

1. What legal remedies are available here — damages, complaint to licensing board, or civil action?
2. Does forwarding my confidential negotiation proposal to the seller constitute a clear breach of fiduciary duty?
3. Should I file with the Minnesota Department of Commerce (real estate regulator), or pursue civil damages directly?

Location: Minnesota