Can I sue seller's agent for listing carpeted rooms as rooms with hardwood floors?

Asked by Love9999, 90265 Thu Aug 19, 2010

Already signed the sale contract and then found out that the seller's agent lied about the hardwood floors.

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Scott Miller’s answer
Scott Miller, Agent, Boca Raton, FL
Tue Aug 24, 2010
Hi Love. I'm sorry to hear this happened to you. For your information, most agents carry E&O, or errors and omissions insurance. We can't even work without it in my office, it's mandatory. I personally don't know any agents that do not carry it.

It sounds to me like your situation fits a claim perfectly. The agent erred. The agent omitted to let you know about the true condition of the floors. Ask the seller's agent for a copy of their E&O coverage for the broker they work with and file a claim via an attorney asap. The longer you wait, the uglier the situation can get. Don't threaten, bully, scream or holler. Just file the claim immediately with an attorney representing you.

Then they will know just how serious you are.

GOOD LUCK and please let us know how it turns out, okay?

Scott Miller, Realty Associates, Boca Raton, FL
1 vote
James Wiebe, Agent, Malibu, CA
Sat Mar 9, 2013
In America, anyone can sue anyone else for just about anything they can think of. I think a better question is; How can I find a solution to a problem with floors that were advertised as hardwood but were actually carpet?

If you have ever been involved with a law suit, I think you will agree that attorneys make out pretty well and everyone else suffers pretty bad.

I think there's a better way to solve problems. A good negotiation can come up with a creative solution that can be an acceptable compromise that is quicker and much more satisfying.
0 votes
James Trapas…, Agent, Highlands, CA
Thu Apr 14, 2011
Maybe the hardwood floor is under the carpet. Check it out.
0 votes
Jodi Sherret…, Agent, Houston, TX
Thu Jan 27, 2011
Most likely the agent didn't know and was going on the sellers word. It's not like we actually lift the carpet and check. If you don't like the floors, back out of the contract. Go find a house that has the floors you want. It seems a bit harsh to sue.
0 votes
Patrick Thies, Agent, Anytown, IL
Tue Aug 24, 2010
This is exactly why agents and brokers carry Errors & Omitions insurance.
0 votes
Mack McCoy, Agent, Seattle, WA
Tue Aug 24, 2010
What money loss . . . what did you do after you found out that there wasn't hardwood floors?
0 votes
Love9999, Home Buyer, 90265
Tue Aug 24, 2010
John,

The wrong info was in the listing provided by the seller's agent. We asked the home inspector to check if there were hardwood floors under the carpet. As a result the hardwood floors are not there. That's a value of over 6000 dollars.

My buyer's agent said that was not the owner's fault. Only his agent made that mistake and my agent said we couldn't hold the seller's agent responsible for making that mistake. I feel it's weird. There must be some way to solve the problem and hold the seller's agent responsible and make up my money loss.
0 votes
Mack McCoy, Agent, Seattle, WA
Thu Aug 19, 2010
How did you find this out?
0 votes
John Harris, Agent, Manalapan, NJ
Thu Aug 19, 2010
You can sue anyone for just about anything. When entering the legal environment tread carefully. Where did you learn that the floors were hardwood? Did the seller provide bad information? Did the listing state hardwood floors? Was there a seller disclosure that mentioned the hardwoods floors? Were you represented by a buyer's agent? These are just some of the answers that you need to research. The carpet over floors if unknown should be stated as unknown. You should be able to rely on information being accurate, however, determining where the inaccurate information source could be problematic. Gather as many facts as possible and proceed only when you have all the answers you can. Determine how much it will cost you to proceed legally, is it worth it? Do your local laws allow you to recover legal fees? Lots of questions, I don't think anyone can provide a clear answer without all the facts. Just remember that legal action is always an option, but is it worth the time, energy and emotions? Good luck.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Aug 19, 2010
You are correct the error should not have occurred--do consult with an attorney.
0 votes
Love9999, Home Buyer, 90265
Thu Aug 19, 2010
Thank you Anna, but a pro realtor shouldn't have made this mistake...


You're probably right, I should consult with anattorney.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Aug 19, 2010
Since you are asking a legal question--you should consult with an attorney who specializes in real estate--he/she will be your best source of information/advice.
0 votes
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