Made an offer on a one acre lot in Hurricane, offer accepted. Prior to making the offer I asked if there were any problems with the lot IE zoning, encroachments etc. and was told none at all. After I wired money to start the escrow the agent called and said an encroachment did exist and would have to surveyed. I come to fine out he knew about this long before I contacted him, years before. His misrepresentation has cost me days away from work, gas and much aggravation.
I am not sure if there is a question there.
The Realtor® code of ethics requires that realtors deal honestly with all parties to a transaction.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
A complete answer to your question would require a thorough understanding of the circumstances of your particular case. However, the very fact that the realtor has a financial interest in the transaction leads me to believe that there may be a claim for fraud, as well as related claims such as negligent misrepresentation and bad faith.
The question is, what do you want to get out of the situation? Getting out of the contract may be a possibility, based on what appears to be fraud by the agent. Getting damages may also be a possibility, but your losses may not be enough to justify the effort and expense of a lawsuit. It would probably be wise to consult with a qualified attorney about your predicament. I know at least one that I would be happy to recommend for you, so just ask if you are interested.