Home Buying in Sacramento>Question Details

Litoran, Home Seller in Santa Clarita, CA

Can I sue my listing agent/broker in California per details below?

Asked by Litoran, Santa Clarita, CA Tue Jul 24, 2012

My short sale went through but the listing agent/broker did not notify us ahead of time that escrow is closing and that we need to move out in one (1) week which was eventually extended to two weeks but was still not enough time to find a place to rent. We had to move twice and incurred addtioanl moving expenses and had to stay in a hotel. He also did not advise the personal property we can take when we move. We took some which we thought are ours and was accused by the buyer of stealing and was reported to the County of LA Sheriff and I was handcuffed in public. We eventually returned the items to the satisfaction of the buyer and no case was filed but it was traumatic experienc for me and my wife and a public embarassment. My agent/broker did not show up during the incident when we called him. This agent was referred to us by a trusted friend working in a law office with possible tie up with the listing agent.

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Bruce Slaton’s answer
From your post I would ask you to define "personal property", my guess is they were better defined as fixtures and that's why law enforcement got involved, not sure how your REALTOR was liable for that.

Also did you not sign escrow papers? That would have been a good indication that you should have been looking to move.

As stated below, you can sue for anything BUT you can also be sued as well. Make sure you get more details about how you feel your agent was liable before exposing yourself to a legal action as well for defamation.

Please elaborate on what items you took for a better explanation as to what maybe you could have done to avoid the situation

Congratulations on a successful short sale though, it seems your agent performed the task you hired them for.

Bruce Slaton
Realty World eCurb REALTORS
1 vote Thank Flag Link Thu Jul 26, 2012
Litoran, this is America. You can sue ANYBODY for ANYTHING.
0 votes Thank Flag Link Mon Aug 27, 2012
We need more information. What would be gained by taking it to court except paying lawyers?
0 votes Thank Flag Link Mon Aug 27, 2012
Can I sue my listing agent/broker in California? Attorneys seem to sue anyone, right, wrong or??
0 votes Thank Flag Link Mon Jul 30, 2012
You can sue anyone for anything. Whether you'll win a lawsuit, and whether it's worth the time, cost, and hassle is another...

Your Realtor may indeed have some liability here BUT ...did you have a copy of your purchase contract??? If so, you knew what the time frames were. Did you have a copy of the escrow docs? If so, you knew when escrow was to close.

The purchase contract also indicates what personal property has been agreed upon for the taking.

So...if you did not receive these documents - there is a problem with your Agent/Escrow, etc...If you DID receive these documents and did not read them - then you have to take responsibility here.

I've often been amazed at how few consumers actually read the real estate contracts - and if you didn't you have no one to blame but yourself. You are held legally responsible once you sign those documents.

It sounds like you've been through a lot and I wish you well.
0 votes Thank Flag Link Tue Jul 24, 2012
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