A Vancouver couple are suing a local realtor after they bought a home that they say was smaller than they were told.

Ben-Sion Balevi, a dentist, and Susan Sayuri Nishi, a teacher, purchased a home on Yukon Street in April 2004 that they say was on the Multiple Listing Service as being 1,301 square feet.

They say that just before the completion date, they met with a notary and were shown a copy of the strata plan that showed they had purchased a "finished area" that was only 1,100 sq. ft.

Balevi and Nishi say they would never have paid $615,000 had they known the true size of the home. In a statement of claim filed in B.C. Supreme Court, they say they completed the sale because they were concerned they might lose their $30,000 deposit.

They want the sale cancelled, and damages. "In my research in this, I found that of six other properties which were sold in the last few years similar to mine, four of them were misrepresented," said Balevi. "It's like a recurrent problem in the industry. Agents aren't doing their due diligence in making sure that the size of the properties is correct."

Named in the suit is Dexter Associate Realty and several employees and the former homeowners, Pelecanus Holdings Ltd.

David Peerless, who operates Dexter, said there are two positions in any dispute but declined comment since the matter is before the courts. A statement of defence filed by his company denies they were negligent or made any misrepresentations about the property.

The case is scheduled to go to trial March 6.

© The Vancouver Province 2006