Real Estate Lawsuits Against Sellers

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9 hours ago The property listing went live in December 2015 at an asking price of $2.288 million with a nominal seller credit. In the ensuing months, despite several open houses and visits, no offers came. One prospective tenant contacted Riley about renting the property but, for reasons that are not clear, Riley did not communicate this offer to her clients.

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Just Now The seller's real estate agent. Some states' laws make sellers' agents liable for failing to disclose problems they observed or were told of by the sellers. Although real estate agents' duties are fairly limited, and they are usually not required to conduct any affirmative inspections themselves before selling, agents are typically prohibited

1. Author: Brian Farkas
Estimated Reading Time: 8 mins

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Posted in: Estate Law, Real Estate LawShow details

1 hours ago Real Estate Lawsuits Phoenix, Arizona Real Estate Litigation. The Bainbridge Law Firm, L.L.C., represents both buyers and sellers of residential and commercial real estate in real estate disputes, including actions against licensed real estate professionals.In Arizona, the real estate profession is regulated primarily by the Arizona Revised Statues and the Arizona Administrative Code.

Estimated Reading Time: 5 mins

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Posted in: Estate Law, Commercial LawShow details

1 hours ago Real estate disclosure laws. Real estate disclosure laws differ from state to state, but in most places in the U.S., sellers are required to disclose info to a prospective buyer that could affect

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Posted in: Estate Law, Real Estate LawShow details

1 hours ago

1. Failing to disclose a property defect. Clients who discover defects after signing the papers will be quick to blame the real estate agent. Every bit of damage and every defect found on the property should be thoroughly documented.
2. Breach of duty. One of the most common lawsuits brought against real estate agents is for breach of duty. Real estate agents know they must always act in the best interest of the client, as clients place a special trust in real estate agents for their expertise.
3. Representing clients in unfamiliar territory. If you are showing and selling properties in an area that you are unfamiliar with, take extra precaution and do your research first.
4. Giving legal advice. Clients want their real estate agent to have an answer for every question they ask. Similarly, real estate agents want to help their clients.
5. Misleading clients. Every real estate agent strives to make their property stand out from the crowd. It might even be tempting to exaggerate here and there about the features or the condition of the house.
6. Breach of contract. When a client claims a real estate agent did not perform under the terms of a contract, he or she might seek legal action. One of the most common reasons for breach of contract is failing to comply with time frames stated in the contract.
7. Failing to keep your clients’ data safe. Hackers are everywhere, and they want your clients’ information. Moreover, if they are successful in getting it — you will be the one who pays.
8. Failing to recommend inspections. Real estate agents frequently fail to recommend property inspections to prospective buyers. Your clients are trusting you for your expertise and guidance through the real estate process.
9. Negligence. Negligence is a cause of action alleging the failure to exercise due care toward others that a reasonable or prudent person would do in the circumstances.
10. Bodily injury. If a client is injured during a showing and you are found liable, you will be responsible for reimbursing any costs related to the accident.

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6 hours ago Winesett sued the seller, seller’s agent, her own agent and the real estate brokerages for $75,000 for repairs plus $350,000 in punitive damages. She sued the seller for fraud and the realtors for violation of the Real Estate Broker’s Act (“REBA”). The seller’s agents sought to dismiss the lawsuit on the grounds that the statute does

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7 hours ago Anatomy of a Real Estate Fraud Case: A Case Study. August 11, 2015. Having practiced real estate law in Southern California over the past 30 years, I have represented a variety of clients in real estate fraud cases. These clients, both plaintiffs and defendants, have run the gamut from individuals, families, investors, homebuilders and developers.

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3 hours ago According to data collected by the brokerage consulting firm T3 Sixty, the average commission has declined from 6.1% in 1991 to 5.1% in 2016, but …

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5 hours ago If you would like a free case evaluation feel free to reach out to our offices and we can evaluate the elements of your case absolutely free. Real Estate Agent Liability In most cases a real estate agent can also be held accountable when there is fraud. However, the statute of limitations applies differently to brokers and real estate agents.

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Posted in: Estate Law, Real Estate LawShow details

2 hours ago posted about 14 years ago. This question is based on the assumption that the great majority of real estate wholesalers (and other investors) are honest and well meaning, and therefore set up their deals to create win-win-win situations for sellers, end buyers and themselves. Even so, what are the top reasons wholesalers get sued by sellers, end

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Just Now Lawsuit takes aim at the 6 percent commission you pay when you sell a home. The suit alleges that the National Association of Realtors, plus four of the biggest real estate brokerages, conspired to require home sellers to pay for both agents' commissions. A new lawsuit filed this month in Chicago is aiming to dismantle what it sees as antitrust

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8 hours ago One saving grace for sellers involved in real estate disclosure lawsuits is that the prevailing party will likely be entitled to recover their attorneys’ fees and costs. While the amount is usually within the judge’s discretion, the threat of an attorneys’ fees award can sometimes be the best leverage a seller has.

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9 hours ago Legal claims and lawsuits against real estate agents can include: Generally, suing an agent for non-disclosure of important facts. Failing to disclose that repairs that were performed on a house for sale were performed in a substandard way. Real estate agent for the seller being aware of structural defects and failing to disclose them to buyer.

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6 hours ago Disclaimer: I am the CEO of Warburg Realty and an active broker within the residential New York City real estate market. Last week, a lawsuit

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Posted in: Estate Law, Real Estate LawShow details

9 hours ago In a prior post, this blog discussed the legal claims a seller of real estate can bring against a buyer when that buyer breaches the real estate sales contract. A buyer, on the other hand, also has various legal and equitable claims against the seller of real estate when the seller is unable to convey marketable title or if the seller has a duty to disclose certain defects but fails to make

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Posted in: Contract Law, Estate LawShow details

5 hours ago In any lawsuit or other action where relief is demanded that affects real property and such relief might confirm or change interests in the real property, a lis pendens will be recorded in the office of the register of deeds of each county where any part of said real property is located. 3 The recording of a lis pendens against real property is

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Just Now The seller might end up passing on the commission costs to the buyer in the form of a higher listing price. For most sellers, paying a 5 or 6 percent commission is the standard. On a …

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8 hours ago The original suit, which already ranks as the most significant antitrust litigation against real estate agents in decades, is now pending in U.S. District Court in Chicago, with NAR’s reply to

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2 hours ago CA REAL ESTATE WITHHOLDING •Under CA law, the gain or loss from the sale of real property located in CA is subject to CA income tax. •As a means of collecting CA income tax owed by the Seller of CA real property, the Buyer is required to withhold 3-1/3% …

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Frequently Asked Questions

What are the most common lawsuits brought against Real Estate Agents?

One of the most common lawsuits brought against real estate agents is for breach of duty. Real estate agents know they must always act in the best interest of the client, as clients place a special trust in real estate agents for their expertise.

Is there a class-action lawsuit against MLS?

The lawsuit was also brought on behalf of sellers who listed properties on the MLS in other locations across the country, including in Philadelphia, Baltimore, Washington, D.C., Dallas, Las Vegas, and Charlotte. The plaintiffs are asking that the court approve class-action status.

Can a real estate agent be liable for lying to a buyer?

Some states' laws make sellers' agents liable for failing to disclose problems they observed or were told of by the sellers. Although real estate agents' duties are fairly limited, and they are usually not required to conduct any affirmative inspections themselves before selling, agents are typically prohibited from lying to a potential buyer.

Are there legal claims and lawsuits against Real Estate Agents in Maryland?

Legal claims and lawsuits against real estate agents in Maryland are more common than you might think. Real estate agents have a huge degree of control and information regarding the purchase and sale of homes.

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