gregorygarver.com

dgoldenboy67 · Joined: 11 Oct 2004 Posts: 2

I am in a current court battle with a local realtor related to my property. 1)She told me that a gentleman was a licensed contractor, and that "his company" could fix some work that i needed done in the home. A few months later I had to have most the work done over by a legitimate contractor in excess of $1500. I found out the individual did not have a business license to do the work, nor was he a contractor. 2) I had a qualified buyer for the home last month from another real estate company that financing was approved for, but i could not go to closing because there was pending legal issues and I had to keep moving the settlement date back. The couple got tired, and bought property elsewhere.If I win in court can I sue for the failure of the home to sell? If so, on what basis and how much?

satarnag5096 · Joined: 14 Oct 2004 Posts: 6

not a lawyer and you should consult with one for legal advice. 1. I would think not since it's your responsibility to screen anyone who will do any work on your home. 2. How do pending legal issues tie in with your Realtor?Regards

punkstarr189 · Joined: 17 Oct 2004 Posts: 3

1. You absolutely have the right to sue on this basis. Your realtor should have known better than to tell you a person is licensed, when they aren't. But can you prove that she knew? Also, could you have chosen someone else? Make sure you can cover yourself on those two points.2. You might be able to get damages for not being able to sell... not sure for how much, however.

LonnalW · Joined: 20 Oct 2004 Posts: 6

YES !!!!!! I am a real estate investor, NOT A REAL ESTATE PROFESSIONAL ( not licensed to LIST owners homes for a percentage), and over the last 40 years of buying and selling homes, I have had some BAD experiences with " REAL ESTATE PROFESSIONALS !!! That being said, I HIGHLY RECOMMEND THAT YOU OBTAIN THE BEST REAL ESTATE ATTORNEY AVAILABLE ( I also recommend that your attorney be from another county)!!! Uncle Wil

LainieL3434 · Joined: 23 Oct 2004 Posts: 6

Contact an attorney as what I'm about to say is my opinion and I am not providing legal advice.for #1 I believe you would have to sue the "contractor" for the extra money you had to spend having someone else redo the work. The agent didn't do the work. That one I would chalk up to just a Realtor who did a bad job giving a referral. Contact your states licensing board.for #2 I can't answer. Was the pending legal issue on your part? It sounds like it since the buyers bought elsewhere. How can a Realtor sell your home when its not salable? If a legal issue was preventing you from selling - how can an agent be held responsible? Was the agent holding up the closing? Without more information I can't say.

Landlord9713 · Joined: 26 Oct 2004 Posts: 2

1) I think you are going ot have to prove that she falsely represented him as licensed and somehow prevented you from verfiying this yourself. If you paid her and then she was to pay the contractor you are in luck, otherwise your suit is with the contractor, not the agent.2) No, unless the agent had some sort of dishonestly obtained court order barring sale I don't think you can sue hte agent. They have no control over buyers.

Ipsydoodle · Joined: 29 Oct 2004 Posts: 3

The answer is - you have to ask a lawyer. Having said that, you can turn this experience into a lessons learned: Never accept business referrals from people who have a vested interest in the outcome. Real estate agents have such a vested interest. They are not your friends, even though that's how they are trained to project themselves. They want the commish, and that's all they're interested in.That means, don't take 3rd party referrals from a real estate agent. Not contractor referrals, not home inspector referrals and nor referrals for a real estate attorney (the reverse is also true - don't take similar referrals from a real estate attorney). Find all yourself by talking to other home buyers. Also, while I am on the subject - don't take contractor referrals from a Home Inspector - the really good H.I.'s won't give you one anyway. Never hire a 'Home Inspector' who offers to fix what he/she found. While certainly not fool proof, the best way to find qualified contractors is by asking friends, family and neighbors who they recommend. It is also ok to ask one contractor who is good in another field - for instance, I once had a house that turned out to have some very old termite damage. The termite guy inpected and found no termites, and plenty of evidence that the termites were dealt with long ago. The termite guy recommended a carpentry company that specialized in insect damage repair - those carpenters turned out to be phenomenal professionals. Beware of contractors who claim to do it all - jack of all trades and masters of nothing leads to misery.

KimberlyK · Joined: 01 Nov 2004 Posts: 5

Why would you hire someone to do work on your house and NOT check them out beforehand?

newmexicorealestateforms0 · Joined: 04 Nov 2004 Posts: 3

Without a doubt a very legal question that should be asked of the attorney representing you on the other legal issue. Perhaps if you understood the issue of negligence in our industry you might be able to understand what the actual violations in this case might be and that would help you discuss this issue more properly with your attorney.Here is a link that addresses the issues that you brought up in your question.Negligent Misrepresentation by agents (an article)http://espace.lis.curtin.edu.au/archive/00000103/01/real_est_agents_liability.pdfSorry that you had a bad experience with a licensee and I wish you success.

WE · Joined: 06 Nov 2004 Posts: 3

What state do you live in. Go to www.hud.govhttp://www.realtor.org/aesubs.nsf/pages/legalorientationhttp://www.floridarealtors.org/LegalCenter/index.cfmDo a search on the www with these key words:legal issue with a realtorYou will get alot of links, and reading. You have a case.

MaryB5510 · Joined: 09 Nov 2004 Posts: 1

Unless it's in writing, unfortunately, it's your word against the Realtor's. You can't sue the Realtor, but you can sue the contractor for shoddy work. The Realtor merely referred the contractor to you.In most places, you do not have to have a business license or a contracting license to do small jobs..and $1500 is a small job, unless it is structural. What kind of legal issues were holding up the settlement? You didn't say...we would also need to know what "went wrong" with the previous repairs.Construction, like beauty, is in the eyes of the beholder. What one contractor considers quality work, another will trash...especially if he or she is trying to get your business.You cannot sue for the failure of the home to sell, b/c it doesn't appear the legal issues had anything to do with the repairs.Feel free to e-mail me if you have more questions.