gregorygarver.com

frankieb8558 · Joined: 10 Mar 2005 Posts: 3

We worked with a realtor last summer. It was a rush deal (2 weeks...we had sold our house and the one we were buying beforefell through due to the owners fault)This realtor was a dual agent and once we purchased this home and moved in we discovered tons of problems that were not disclosed before purchase. We are stuck with a huge repair bill and we're pissed!Can I go after the realtor or broker-in-charge? If so, what are the success rates on these types of things?Ys, there was an inspection done but when my husband showed up to be present, it was "already done"...the whole thing has been shady. I also want to mention that we are in a smaller town and all these people are friends.

SurferBoy · Joined: 14 Aug 2004 Posts: 5

I don't think a realtor is usually a house inspector. If you had the property inspected, it should have noted the problems on the inspection report. If the inspector missed something, then it is the inspector who is at fault, not the realtor. If you didn't hire a house inspector, then YOU were probably responsible for deciding if the house had any problems.

linkus860561 · Joined: 22 Mar 2005 Posts: 4

yes , 50/ 50 percent of winning

prizzatt05 · Joined: 29 Jul 2005 Posts: 6

typically that type of thing is pointed out during the walk through and the appraisal and or inspection....you should have made a list of things to include in the addendum's to your closing papers. With that being said I would still try and contact the broker and explain the situation, and I would try to get the LARGEST expenses taken care of in an amicable way, if not I am not sure that suing would be worth it, they could just claim ignorance.....

bostonianinmo2359 · Joined: 07 Aug 2007 Posts: 5

if the things weren't disclosed, you have to go after the seller, not the agent. Didn't you get a home inspection done? That's pretty standard when buying a house

irksome101 · Joined: 31 Dec 2003 Posts: 8

The Realtor and seller are responsible for disclosing Anything and EVERY thing. I would send a complaint to the local Realtor association and or your State Real Estate Commission regarding this individual. The only thing they do not have to disclose for example, natural death in the home.Also check the federal trade commission as well regarding consumer affairs -scams Yes they can be sued, they have a recovery fund that all realtors have to contribute to for this purpose.A similar thing happened to me as well, once we moved in we realized the carpet was trash - they always had the curtains pulled and they had a lot of furniture so we didn't see that and then the ac went out - the home warranty didn't touch it because the unit was rigged - we went two years without ac and finally the roof leaks - I never had the time or money to do what I know now - I can only hope what comes around goes around.In Texas I think it is a two year statue of limitations.

bostonianinmo8962 · Joined: 28 Feb 2006 Posts: 4

I suggest you check your purchase contracts. Most contracts clearly state that the you can't hold the Realtors involved liable for the condition of the property. But a main part of the Realtors job is protecting your fiduciary interests and if you can prove otherwise you may have a case. Most people in your situation sue the seller, as he/she is the one who may have flubbed the disclosure statement (which is a big no no). Of course you have to prove that the seller knew about the defects before you discovered them. I have represented two buyer clients who have tried to sue the seller. One was successful (due to better evidence that the seller knew about the defects).

pietlul · Joined: 27 Jul 2004 Posts: 5

Realtors ARE NOT HOME INSPECTORS.If you're really pissed at someone it's the home inspector for NOT doing their job.

mamadixie · Joined: 08 Jan 2004 Posts: 5

Can you prove that the realtor knew about the problems?You might have some legal recourse against the seller if you can prove they knew about the problems and didn't disclose them, if the problems are major.Didn't you have a home inspection? That should have uncovered problems if they were major.

Ipsydoodle · Joined: 29 Oct 2004 Posts: 3

Sellers must fill out a disclosure about the condition of property and the agent is not responsilbe for that most of time.....you should of had an inspection.....You might write a letter to the agent and previous owner and try to make some settlement before hiring a lawyer

cowboydressednblack · Joined: 03 Dec 2004 Posts: 4

seller and your realtor is responsible for this.Especially if there is daul agency ( same agent is representing the buyer and seller)

JordanS · Joined: 18 Jul 2005 Posts: 6

Its up to the agent to present you with information given to them. It is then up to you to make sure the info is accurate. If the agent doesn't own the home he has to go on the word of the seller, and inspector. What was the seller disclosing? maybe your lawsuit is with them if they lied. You also had the right to have an inspection done, if this was not to your liking, you should have hired a second one. Again you can maybe sue the inspector for lying, but how is it the Realtors fault? Like I said you cant shoot the messenger, it sounds as if your problems lye with other people.