I am buying a house. My realtor's email was hacked and used to send me the wrong information which I unfortunately used to send the money. Now, the bank is trying to get the money back but chances are some or all of it is missing. Does the realtor have any liability on this?The money was wired domestically.
So, you are saying that the hacker posed at the broker and told you where to wire money? Did you wire it overseas? This is a really interesting question. It turns on whether the broker acted negligently with their e-mail account and whether the broker was aware that scams like this exist, and what steps the broker took once they know that the account had been hacked. What a lawyer would look for here would be whether the broker had a duty to protect their account and whether they acted negligently. Good news is that brokers do carry liability insurance. You should find a local lawyer to discuss it with.
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I would think so. If there were very obvious clues that it was not correct, then the realtor would probably attempt to argue that you should have known, and thereby you are the problem. But I would certainly send the realtor a demand letter and make the attempt.
This is also a real estate question more than Internet.
I'm not your attorney; my answer includes assumptions. If you want me to be your attorney, I'm easy to find.
Your REALTOR's duties to you are the highest in law, called fiduciary duties. It's possible that those duties were breached. If you were damaged by the breach, you might consider asking the REALTOR for reimbursement.
AVVO is a general forum for discussion purposes only. My answers, comments, ideas, approvals and endorsements do not constitute legal advice, opinions or even suggestions, as I do not have enough facts and you are not my client. As well, my response is with respect to only the laws of the State of Texas. Hire an attorney in your location if you want assistance upon which you may rely.
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