I am not a lawyer and am not giving you legal advice. I would suggest first buying a home, which is your immediate goal.
Second, check with your state real estate commission on the laws governing licened agents. Also with the local Board of Realtors. Then check with a real estate attorney. Once you have all the information and options at hand, you are ready to take whatever course of action you deem apporpriate.
Christian Realty San Antonio
I'm amazed that every one of the agents on this page answered as if they were an attorney. Considering the question is "we want to know if we have a case for a lawsuit.....", you need to contact your attorney for any legal question or information. Any realtor who gives out legal advice probably shouldn't be licensed and is looking to be sued.
I didn't see any legal advice there. No case citing, no precedents pending. All I read is ethical agents saying that the state commissioner should be contacted in the hope that if this agent is wht the post says she is then we cna be rid of one more un-ethical person from our midst.
1. You are fortunate you found these items before you sepnt too much time or effort.....! Good work!
2. I am not an attorney..just an architect.
3. I would think filing at the Real Estate Commission is a necessity...to protect those behind you, not for venegence.
4. Once you see if the Commission finds she was neglectful, you will have done an administrative procedure first, so you can then go to court ( min. requirement).
5. If this happened in Jackson County; suing in the 16th is ......potentially a very bad waste of resources. There is a degree of chance that unless you pick a really upright attorney, they will sell you out to please the judge; the Judge may be biased from the outset aganist you; if you are black, forget about filing suit in Jackson County. Period. You have no rights in fact or in law, only....we think we have rights because we read about them. For blakcs, those rights do not exist.
6. If you think there is the possibility of civil rights violations, follow the procedures for a Human Rights Commission filing. Be forewarned, if you are minority and in the Eighth Federal District, forget about getting a fair hearing when you get to Federal Court, based on who gets the Civil Rights matters. Forget it.
7. As far as suing a person who did what they did, they may or may not have professional errors and ommissions insurance.....if they do have assets, they have hidden them well.
My conclusion is....forget about any lawsuits, your money is too hard earned. Do know that you ahve to be that diligent about listening and watching the signals professionals send. Be extremely diligent about the mortgage issuer and servicer, as you are about the house itself.
Hope you find a great house!
Let me know if there is anything else I can do to help you here. Do you think that this would make for a good topic on my radio show http://www.Door2Doorkc.com ? I think we might want to do a short interview discussing what happened......
David Van Noy Jr
Physical defects are required to be disclosed.
The half way house issue is something that the realtor is not responsible to know about or disclose. This and sex offender information is out of the realm of real estate. There are websites available for the general public to obtain this knowledge and your local police department can help you find that information as well.
I am sorry to hear of your experience. Most of us act with moral and ethical responsiblity; those realtors who do not are a bane to our profession.
The failure to disclose is a serious breach of ethics, and it is sad to all the ethical and professional Realtors that one "bad apple" has spoiled some of the joy of buying a home for you. Your agent should at least contact the managing broker is this agent is not one in the same. As professionals, we do have a certain responsibility to monitor and police our own members.
You would need the advice of an attorney to determine the veracity of a lawsuit. Damages would be minimal if you learned in time to avoid buying this home.
--->>>As the market sinks he is finding more and more desperate realestate agents sinking thier morals and bending the rules. His advice contact an attorney(surprised?) and don't listen to others hearsay about laws. He finds more often than not there is a good case in matters such as yours but most people just don't follow through with what should be done.--->>>
Like you've just stated: "most people just don't follow through .."
Most people get caught up in the next looking phase, then buying and then the moving aspect of their new home, then this becomes secondary at best ...
Aread, check with a quality real estate attorney ... if you would have had one at the time, we wouldn't be having this conversation right now ...
Keep in mind, the broker business is structured just like car dealerships ... any grievances are looked at and internalized, then get very muted not to gain any bad press... if nothing else, file your grievance with the Attorney Generals office..
I am not an attorney and this is not legal advice. I do not, however, understand what you would personally gain from filing a lawsuit. If you would have closed on a property and later found out that the agent intentionally withheld information about material defects, you might have a case to sue for damages since you would own a property that you might not have purchased if all facts were disclosed. Since you terminated the contract, what were your damages? Perhaps you could ask the broker to reimburse you for any out of pocket expenses (inspection fees?) that you incurred?
If the agent did withhold material facts relevant to a buyerâ€™s decision or misrepresent information, this should be addressed. While it might not make up for your frustrations or waste of time, if the allegations are true, the situation should be addressed. If this person were an agent working for a broker, I would first suggest to reach to that supervising broker. In the circumstances that you describe, the person is the broker. Therefore, I would suggest that you file a complaint. The Board will determine the merit of the complaint and move forward or not, accordingly. When filing your complaint, document dates, times, and quotes where possible.
It may be worth a consultation w/ an attorney, because I am not qualified to give legal advice. In my lay personâ€™s opinion, I suspect there isnâ€™t a civil case.
In fairness to you, there is no case against the listing agent and apparently th 7days insistence should of been a red flag to your agent. Very sorry, but the law is not in your favor here. Good luck with the NEW house...
Oh, and there is a form called the Resolution to Unacceptable Conditions here in KC. You may subpoena that from the listing agent's files, as well. That will give you details as to why the previous contract fell through.