We are in a discovery of a civil case against the builder.
Wake Forest, NC |
We did not have a buyer's agent representing us. Does the builder have a legal ground to refuse providing us who they paid the real estate commissions to? Or are we entitle to any and all information relating to the purchase of this house.
Discuss this with your lawyer. If you do not have one, get one.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
It depends on what the underlying claim concerns. Rule 26 of the North Carolina Rules of Civil Procedure governs the scope of discovery and what may be requested. The standard of what may be requested is not "anything and everything," but rather that information which 1) is relevant to the subject matter involved in the pending action, 2) is not priveleged, and 3) appears reasonably calculated to lead to the discovery of admissible evidence. It is generally best to have an experienced attorney representing you in any pending litigation.
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
Yes, you are entitled to information from the builder. But, attempting to engage in discovery against a builder without an attorney to help you is a really bad idea. You will end up getting information or documentation that you won't understand how to use, if you get anything at all. More likely, the builder will refuse and force you to try to figure out how to compel it to give you anything, and by the time you figure it out, you will be months down the road no closer to the justice you seek.
If you are in a civil case then you can send discovery questions such as interrogatories or requests for production of documents to the builder. The builder would have to provide you with this information if it is relevant to your case. You should have gotten a HUD at closing that would have shown you on line 701 who the commission went to. You can also look at the contract and see if the listing agent is on there. and contact them. You could also get someone to look at the MLS listing to see if the listing agent is shown there. Other than that you just comply with NCGS 1A-26, 33-36 and you are good to go.