Selling realtor lied about an important issue in the House . Its caused my family lots of problems and still not been resolved. Do I sue realtor herself or the seller for the costs her lies have caused us ?It was a rental by us not a purchase. Selling realtor was wrong term, I guess landlord's realtor is correct term. He put some materially false details in his advertising. Do I sue realtor or landlord?
Much more information is needed to properly respond to this question. As a threshold matter, if the lie was about the condition of the home, you may have waived your right to assert a defect b/c you likely had the right to inspect the home and likely on the day of closing you signed away your right to assert a claim for any problems with the home (or not, that is part of the reason more information is required). Additionally, were you represented by an attorney at the closing? Who chose the title company? There are many more questions, including what is/was the "important issue in the house" that caused monetary damages based upon the lie or lies stated by the realtor? Most attorneys offer free consults, so I'd recommend reaching out to an attorney sooner rather than later to discuss.
There answer(s) contained herein do not establish the attorney-client relationship and should not be seen and/or construed as legal advice. For legal advice, I would suggest a consultation with an attorney you trust and/or one that is reputable in the legal community. Moreover, the opinions expressed are based on a limited understanding of the facts and/or legal issues and without the full benefit of knowing all of the legally germane facts of your case.
Depends on what he or she lied about. More information is required. Consult with an attorney
The first consult should always be free
Real estate agents, like sellers, are required to disclose material defects in a house which they know about and that are not open and obvious. If you can prove that the agent lied about a material defect, you have a cause of action against the agent. However, because of the difficulty in proving what the agent knew, these cases are hard to win. You should consult an experienced real estate lawyer in your area to discuss what sources of recovery may be available to you.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
As you can tell from the other responses "important issue in the House" is too generic to comment on. Attorney Deason points out that the statutes require a disclosure of all known latent material defects - which means, a defect that is known to the Seller; the defect has a substantial impact on the property's value; you, the Buyer did not know about the defect; the defect was not readily observable upon inspection of the home; the Seller did not tell you about it. Those are the items that you, as Buyer, would have to prove in order to recover. The Realtor has even LESS responsibility if they did not know or were not told about the defect. However, they do have a responsibility not to lie about something of which they have no information. If the item in question is substantial (sinkholes, infestation, etc.) AND your inspector could not have discovered it prior to closing, then you should contact a real property attorney for advise.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts and Planning for the care of disabled children and adults.
This is going to require a factual analysis. It is very likely that you will need to include both the realtor, seller and realtor's broker (if applicable). Accordingly, you will need to speak with an attorney to best determine your next steps.
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