Here are some general responses to the above that may or may not be 100% applicable in your situation. This is in no way to be considered legal advice.
1. The agent should not have been able to be a dual agent without your consent. If you disagreed with the representation arrangement, you should have been given the option to request another agent.
2. The contract should have outlined what would happen in the case of default. And perhaps, the party affected by the default could take legal action. Perhaps you were being told about what could happen rather than being threatened? That's for you and your attorney to decide.
3, 4 & 5 - Your contract should have had a due diligence period for inspections unless this was an "as-is" purchase. A licensed inspector should have found those issues, enabling you to have the seller address them prior to closing. I've never had a situation where the buyer was not granted access to do a proper inspection.
As a buyer, you have the right and obligation to conduct your own due diligence on the property, city and area where you're buying in. Unless you expressly told your agent you only wanted to see properties in Torrance proper, she would not have known that this was important to you.
I hope you are able to work out an acceptable solution.
Better Homes & Gardens Real Estate Metro Brokers
Regret to hear about so many issues brought up after the fact. It is clear you need legal help and definitely should seek it.
This is one reason why one should have representation through a Realtor that does not have any conflict of interest.
Well clearly, as you get a good lawyer it will all come out and you go to arbitration, as to did you discount commissions, in lieu of service etc. or not. Since, you were the buyer, and you knew she was the listing agent, there is nothing illegal on the Agents part. The Seller knows, you know, so what is the issue with
it being Dual Agent now.
The CAR contract that you signed, clearly points out sadly what your rights are to look at the home before closing, what inspections you can do etc. If you closed you signed a CAR Purchase Contract, so the lawyers and judges expect you to have read the contract and followed the implied details that you signed.
If there are foundation issues then you clearly have a $50K plus potential problem that you will have to address through the HOA. Since, this is a condo the HOA will have to fix it.
Better start checking if many neighbors have such issues, check the HOA notes, did you get any HOA
meeting notes ? Check if other neighbors have brought this up in the association meetings.
If this is a HOA with several Foreclosed properties and the HOA has depleted funds then its likely a special assessment will have to be done to correct the problem.
How did you not know what the Postal Address and City is?
If you can write and post using the web and Q&A sited, you can do a Google or Trulia Map search.
The issue is simple did you do any due diligence yourself.
You cant back out after you have bought it, you only now have a legal recourse, that you first will mediate and then arbitrate as called out on the CAR contract that you signed. If you did not, then you are looking at a $300/hour in attorney fees. Sadly, it looks like you thought you were getting a good deal going with the listing agent but now are living in a lemon.
The CAR contract is an As Is contract, with right to Property inspections as well as Viewing inspections called out.
It will be interesting to know why you would buy from a listing agent, what were the perks if any?
Also be careful as you put this question on boards, attorney will search this data base and postings.
All prior postings and questions will also show up.
All you can do is go over the contract that you signed thoroughly, then talk to 2-3 very good RE Attorneys,
then decide who you can work with.
If you did not do any inspections as required and agreed to in the CAR contract then you case dims
and is quite slim. Who buys homes in California without inspections? If inspections were done and you did not read them, then that is grim. Is there an Agent Visual? Is there a walk through inspection by you?
Something is not right here, Gbatjr. Sorry for your loss.
If I were you I would also be concerned. You should have had proper representation with your own buyer agent. Dual Agency is legal in California, but must be disclosed to the client and it also must be with your consent. The rest of the issues should have been uncovered during inspection (did you have one?). Unfortunately you might have to speak to a lawyer at this this point, which is expensive and time consuming.
Either way, contact a real estate attorney, discuss the situation, and see if you have any recourse in this case.
Best of luck, Caroline
If, on the other hand, you have already paid the full amount, have keys in your hand, and are having buyer's remorse, you are definitely in attorney land.
Look, Gbatjr, there is no "backout." If the sale is closed, the sellers have your money, they're not going to give it back to you and take the deed back. That is absolutely not going to happen.
But you need an attorney to help you determine if you do have any recourse, and as Scott points out, it doesn't really look good for you.
From what I've heard, the courts have a very sympathetic ear to clients who have been misled and lied to, but they also need to show that there were some obstructions to finding out the truth. It's not against the law for an agent to be a dual agent, and you may very well have been subjected to lawsuits if you didn't close. A judge may wonder why you bought the property if you couldn't look at it, and might see a "gutted linen closet" and "illegally installed lighting" as maybe not so major problems?
However, there are legally mandated disclosures, and if the Seller represented that there weren't any defects with the flooring, for example, you might be able to win a lawsuit (I'm curious - is the floor slanted, or is it just that the concrete board or underlayment has buckled?).
I do not envy your situation. Frankly, it sounds like a ringing endorsement for homebuyers to have their own representation, and to choose a buyer's agent carefully.
Please report back,
As a Realtor, I'm unable to give you legal advice. That is what you're in need of. I highly recommend that you speak with a Licensed Real Estate Attorney regarding this matter. Make sure that you bring all contracts (documentation) from the purchase of the home. This includes all Seller disclosures. An Attorney will be able to advise you from this point on. Good luck!