Redondo Beach, CA asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California

Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who represented both the seller and me, did not inform me about the benefits of the seller’s insurance. What should I do in this situation? I would like to post this question.

2 Lawyer Answers
James L. Arrasmith
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  • Products Liability Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and failed to inform you, this may be a breach of their duty.

First, verify whether the seller's insurance policy is transferable and applicable to your situation. This can typically be done by reviewing the home purchase documents or contacting the insurance company directly.

If the policy is indeed valid and applicable, and your agent neglected to inform you about it, you might want to discuss this issue with your agent directly. Explain your situation and express your concerns about not being informed of the insurance.

If the response from your agent is unsatisfactory, consider seeking legal advice. An attorney can provide guidance on whether you have grounds for a claim against your agent for breach of duty and what steps you can take to address the situation.

In the meantime, document the damage and any related expenses, as they may be relevant if you pursue a claim for compensation, either through the insurance or against the agent. Remember, it’s important to act promptly to ensure your rights are protected and to address the issue effectively.

Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: You could review the transaction in detail with an attorney who could advise more definitely after reading the contract and any disclaimers. Good luck

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