what type of attorney do i need to sue a realtor and previous owner

If he is a license Realtor then call the NC Licensing Board for Realtors and file a grievance against him or her. Otherwise you would need a real estate lawyer to file a small claims against the property manager for conversion/breach of contract.

Full Answer

Do I need an attorney to sue a real estate agent?

Apr 21, 2014 · Do I Need an Attorney to Sue a Real Estate Agent? If you believe you have been wronged by your real estate agent, you should immediately consult with a skilled and knowledgeable real estate attorney in your area. An experienced attorney will help you understand the specifics of your case, and help you determine if you have a valid legal claim.

What remedies are available if you sue a real estate agent?

Nov 11, 2013 · What type of attorney do I need to sue a real estate broker for fraud and misrepresentation as a property ... If he is a license Realtor then call the NC Licensing Board for Realtors and file a grievance against him or her. Otherwise you would need a real estate lawyer to file a small claims against the property manager for conversion/breach of ...

What to do if your real estate agent is wrong?

However, every state places a dollar limit on the amount of damages you can sue for—usually somewhere between $1,500 and $15,000. To find your state's exact limit, see 50-State Chart of Small Claims Court Limits. Even if your damages are over the limit—for example, if the repairs cost $8,000 and the limit is $5,000—bringing a suit for ...

Do you need a real estate lawyer to buy a house?

The Code of Ethics for “Realtors” is different than that required under Maryland law. A Realtor is a real estate agent who is a member of the National Association of Realtors. Not all real estate agents are Realtors, and the Realtor Code of Ethics creates an even higher standard that the agents are held to when providing services to consumers.

What is the most common complaint filed against realtors?

Most Common ComplaintsIncomplete and duplicate contracts.No permits.Easement errors.Mineral rights.Failure to review or recommend survey.Contract drafting.Failure to review title.Loss of earnest money.More items...

Can I sue house seller?

Even if you think you've been wronged, you can't sue everyone who was involved in the sale of your home. ... As mentioned, nearly every U.S. state has laws requiring sellers to advise buyers of certain defects in the property, typically by filling out a standard disclosure form before the sale is completed.

What happens if you buy a house and something is wrong?

Usually, state disclosure laws require sellers to "disclose all material defects" in a property. ... If a new home buyer discovers a material defect that the seller failed to disclose before the close of the sale, the law may give them the right to cancel the transaction.May 12, 2020

What happens if the seller pulls out?

If the seller withdraws from the sale, the buyer will be expected to send any and all documents received back to the seller, but at the seller's expense. If, after the 10-day grace period, the seller still fails to complete, the buyer could take them to court and claim for any extra financial losses.Mar 16, 2021

Can you sue if house sale falls through?

If the buyer pulls out of the sale after contracts were exchanged, you can sue them for any loss this causes you and you may be able to keep the deposit. You will need to get legal advice.

How do you deal with an unethical realtor?

If you have a complaint against a licensed real estate agent or business, visit California DRE's website for details on How To File A Complaint, or call the California DRE Public Information Line at (877) 373-4542.

What recourse do I have against a home builder?

If a builder did a poor job, the owner may be able to sue for breaching any express warranties that are provided. “However, prior to entering into a contract, it is important to have an attorney review the contract to determine what the warranty covers.Sep 30, 2021

Can a house sale be reversed?

It's not uncommon for buyers to try to cancel a house sale after signing the contract. A sales agreement is a legally binding document and anyone who attempts to back out of a property purchase for spurious reasons may well land up in hot water. ...Aug 6, 2012

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 buye...

Should You Sue A Seller For Failure to Disclose Before The Sale?

If the seller fails to disclose information about the house but you haven't yet signed on the dotted line, you may be able to cancel the purchase....

Should You Sue A Seller For Failure to Disclose After The Sale?

Things get more complicated if you buy the property. That's when you may land in a courtroom, but a lawsuit could still be avoided, says Zuetel."Th...

How do you find a good real estate lawyer?

If buying or selling property feels overwhelming and the thought of finding a good real estate lawyer seems daunting, you’re in luck. There are som...

What does a real estate lawyer do?

A real estate lawyer represents their client’s best interest in all matters related to the sale, purchase and ownership of real estate. They are ex...

How much do real estate lawyers cost?

The cost to hire a real estate lawyer depends on your needs. The national average cost for real estate lawyers ranges between $350 and $550 , alth...

Do I need a real estate lawyer?

Whether you need a real estate lawyer depends on what kind of legal assistance you need. In many states (such as Vermont and Maine), you are requir...

Douglas E. Portnoy

If he is a license Realtor then call the NC Licensing Board for Realtors and file a grievance against him or her. Otherwise you would need a real estate lawyer to file a small claims against the property manager for conversion/breach of contract.

Blake Spale

I suggest contacting a real estate or debt collection attorney in Wake County. Most attorneys will give you a free consultation - utilize this. Give him or her all the facts and let them decide what your best course of action may be. Best of luck.

Gregory L Abbott

You presumably need to consult with a real estate lawyer in North Carolina.

Where to sue for home defects?

Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.

What are the legal bases for a lawsuit?

In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.

What happens if an inspector misses a problem?

In theory, the inspector should have spotted problems that the seller wasn't aware of, or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.

What problems did the seller tell you about when you bought a house?

You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In most states, laws require home sellers to disclose all "material" defects to prospective buyers.)

What percentage of damages do you pay in a contingency case?

Some attorneys will take this type of case on a contingency basis, meaning you don't pay a fee upfront but pay a large percentage (30-40%) of the damage award. You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage.

How long after a sale can you be angry?

Such problems can come to light days, weeks, or years after the sale, leaving you angry and wondering whether you really have to shoulder the entire financial burden. In such cases, you might actually be able to ask the responsible person to pitch in, and take the matter to court if they don't.

Can a seller have hidden problems?

The seller couldn't have hidden problems that didn't exist during the period of ownership. Again, problems that started post-purchase or that are a natural result of the home's aging or your lapses in maintenance are yours to deal with. Of course, determining when a problem started can get complicated.

What are the legal claims against real estate agents?

Legal claims and lawsuits against real estate agents can include: 1 Generally, suing an agent for non-disclosure of important facts. 2 Failing to disclose that repairs that were performed on a house for sale were performed in a substandard way. 3 Real estate agent for the seller being aware of structural defects and failing to disclose them to buyer. 4 Real estate agent for seller being aware of flooding and failing to disclose it. 5 Real estate agent keeping deposit money and failing to return it after a purchase falls through. 6 Real estate agent for buyer or seller charging fees that the client did not agree to pay. 7 Real estate agent representing a termite inspection was performed when it was not. 8 Real estate agents failing to disclose that there was an active bed bug infestation in a house. 9 Real estate agent telling their buyer client that they will schedule inspections, and not scheduling them, but representing them as being done.

What is a suing agent?

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.

What is fiduciary duty?

A fiduciary duty is the highest level of duty under the law, and is attributed to several categories of licensed and trained professionals, including but not limited to real estate agents, who represented members of the public, and enter into relationships where the professional is trusted to provide advice and guidance that the client would not otherwise have.

What are the fiduciary duties of a real estate agent?

These are the fiduciary duties that a real estate agent owes to their client, and examples of what those duties mean: Duty of Loyalty – A real estate agent owes a duty of loyalty to their client. This means that the agent has to put their client’s interest ahead of their own interests.

What is the duty of confidentiality?

Duty of Confidentiality – A real estate agent owes a duty of confidentiality to their agent. This does not mean that if a seller tells their agent there is a problem with the property being sold the agent must keep it secret, because an agent has another duty, discussed below, to disclose all material facts.

What happens if a real estate agent does not follow the law in Maryland?

When they do not follow these laws and regulations, and a consumer suffers a loss, the consumer can and should seek legal representation to determine how best to take action against the agent to recover for the loss.

How much commission do real estate agents make?

Most real estate agents made 2.5% to 3% commission on the sale of a property once the sale closes. If there is on closing, they do not make a commission. That creates a huge financial incentive to get the deal done. When it goes wrong, sometimes a home buyer’s only option is to sue their real estate agent.

Can a buyer recover from a seller for a defect?

Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.

What is the best way to walk away from a dispute?

If the amount in dispute is simply too much to walk away from, however, then litigation might be the best option. There are a number of legal causes of action that you might be able to assert against the seller, seller's agent, or home inspector: failure to disclose a defect (according to your state's statute)

Do you have to disclose defects in a property before selling?

Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.

Can you sue a seller for a leaking septic system?

There could be situations where not even the seller knew about the defect. If, for example, an underground septic tank or sewage line was leaking, and the seller knew nothing about it (and therefore did not disclose it to you), you cannot sue over it.

Who is responsible for a defect in a home?

If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.

Can you sue a seller for aging plumbing?

Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.

Do you get a home inspection before buying a house?

Hopefully, you got a home inspection before buying your home. Usually, home inspectors provide a full evaluation of the home's condition prior to closing. In theory, the inspector should have spotted problems that the seller perhaps never knew.

Do you have to include contingencies in a purchase agreement?

Most real estate attorneys recommend including contingencies in the residential purchase agreement that will give buyers an out, and require any money held in escrow be returned to them (pending a review of the disclosures and the property).

Can you cancel a purchase?

Canceling the purchase could be a lot less costly and time-consuming than suing the seller. Laws in most states guarantee a buyer the right to cancel a transaction due to discovery of certain facts during the transaction.

Do you have to disclose property to prospective buyer?

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 the property value. That could be anything from a termite infestation to a property line dispute with a neighbor. If your house was built ...

Do sellers have to disclose something they don't know about?

That form will include negative information as well as basic facts such as the square footage. Sellers do not have to disclose something that they don’t know about. But if it can be proven that something was known and omitted, a seller can get in big trouble.

What to think about before sueing a company?

1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .

What is the last step to take to avoid a lawsuit?

If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

What to expect when taking a case to court?

You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.

Why do I get more money than I would get by suing?

From a purely practical point of view, you may receive more money that way than you would by suing, because you will have to pay attorneys' fees and other costs in connection with a lawsuit. 4.

What is a small claims court?

Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).

How much does it cost to file a lawsuit against a contractor?

Contact the clerk of the court to obtain and file the necessary paperwork -- most courts make the information available online. Filing costs average around $50, and you may incur additional fees for collection if your contractor loses and still doesn’t pay. You’ll need solid documentation to show you were harmed.

What to do if you can't agree on mediation?

If you can’t agree on mediation or arbitration, try small claims court, which differs from traditional civil court: They’re limited to small amounts, with upper limits usually in the $3,000-$5,000 range. They assume you won’t be using an attorney and tend to provide user-friendly instructions on procedures.

What to do if you can't see eye to eye?

Talk to your contractor about one of the options below if you can’t see eye-to-eye. Your remodeling contract may require that you and your contractor try one of these options before turning to the courts. A state or local agency. Your state’s contractor licensing agency may have a resolution program for general contractor disputes.

What is binding arbitration?

Binding arbitration. Similarly, a judge or litigator will act as the arbitrator and hear both sides of the story in a general contractor dispute. Arbitrators will render a decision, which is binding on both parties. If it’s not to your liking, you have no right to appeal.

What can a real estate lawyer do?

A real estate lawyer can help with negotiation, addressing mortgage fraud, managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more.

How much does a real estate lawyer cost?

The cost to hire a real estate lawyer depends on your needs. The national average cost for real estate lawyers ranges between $350 and $550, although prices can vary greatly based on the individual case. Many states, such as New York and Georgia, require that a real estate lawyer handle the closing documents when buying or selling a house.

What to do if property dispute escalates beyond mediation?

If a property dispute has escalated beyond mediation, a real estate lawyer can advocate for your interests. If you prefer to remain (relatively) anonymous in property ownership, you may have a real estate lawyer represent you and negotiate deals for you.

Do you need a real estate attorney for closing?

Many states require a real estate attorney to handle sale closing documents. For more complex matters such as a real estate deal gone awry or foreclosure, you’ll want to find an attorney who has successfully handled cases like yours. Look for online reviews of real estate lawyers in your area.

Do you need a lawyer for a home sale?

In many states (such as Vermont and Maine), you are required to hire a real estate lawyer to handle the closing documents of a home sale. The lawyer may prepare the deed, examine the title, review purchase and sale paperwork, work directly with the lender, and more.