Murrieta, CA asked in Real Estate Law for California

Q: Can the buyer of my house sue me for my realtor negligence of not putting the contingency in the contract we signed?

The house is listed as a contingency sell and it's in the contract we signed with her. She stated she emailed it to them but they didn't sign it. Their realtor knew it was a contingency sell house. We cannot get approve for the loan on the house so we cannot move. And the buyers of this house will not sign the cancelation document.

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2 Lawyer Answers
George W. Wolff Esq.
PREMIUM
George W. Wolff Esq.
Answered
  • San Francisco, CA
  • Licensed in California

A: If you asked your realtor to make your sale conditional on some contingency, and they didn't do that, you may be able to sue them for negligence, as the buyer can likely enforce the contract against you if it did not contain the contingency you requested.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Yes, if the sale does not go through, the buyer can sue you. The good news is that you can sue your own Realtor for negligence and indemnification for failing to complete the documents that you required, and to get the sale being contingent on your qualification on a new loan for a new property. Oh, that isn't really good news after all, is it? You need the services of a good real estate attorney who has dealt with this in the past.

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