Q: Can we sue our real estate agent for negligence, incompetence and inexperience?
Our Realtor did not:
Read the inspection report nor advise us on the inspection
Do her own inspection nor was there for any part of the inspection
Advise us to do our own inspection nor that we should be there to inspect the home ourselves while inspection was taking place
Make us aware that the seller's disclosure was not current but was from May 24, 2022 and should have been updated
Insure the sellers filled out every section of the “Seller's Disclosure” form
Do her due diligence in making sure the claims on the disclosure had proof and dates certain services were claimed to have been done
Advise for us to do a walk through with everything out of the house
Include a deposit in the lease back
Want to charge a daily cost for lease back or charge at all like we asked
Ensure we would get keys at signing
Ensure that we would be able to enter the house when we asked repeatedly and because we didn’t have keys, we couldn’t
A:
The answer to your question depends on exactly what your agreement was with your realtor—as many of the things you mention are not necessarily done by a realtor in the ordinary course of representing a buyer—and how you were harmed.
For example, what defective condition of the premises would a realtor have reasonably discovered that your inspectors didn’t.
What damages were caused to the premises by the seller during the lease back period that you could lawfully deduct from a security deposit that you cannot recover from the seller now.
There are too many unanswered variables to intelligently answer your questions.
A: You may be able to sue. I would need to see the agreement you signed with your realtor and any additional communications between you and the realtor before and after the agreement was signed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
