We are trying to sell our home in Indiana. We thought our realtor was keeping an eye on our house since we are not there. We just found out there was water in the basement which we were not made aware of and now there is mold that needs to be taken care of. We had new carpeting put in before we moved. Can we sue for damages since we had a contract with her. She supposedly was showing the house so you would think she would have known the problem. Everytime we asked we were told everything was fine. We need help. Thank you.
Real Estate Attorney
Did your Broker's Agreement that you had with your Realtor include as a part of it that the Broker was entrusted with "watching" your house in addition to endeavouring to selling your house?
Lawsuit / Dispute Attorney
Unless you paid for house watching service I doubt your Realtor took on that obligation for free for you.
Contracts / Agreements Lawyer
You need an Indiana attorney.
As a general rule, a realtor is not a property manager.
A listing agreement alone does not impose the duty upon a realtor to act as a property manager.
You can, however, sign a separate agreement to have a realtor act as a property manager - assuming the broker offers that service.
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