Legal Question in Real Estate Law in Arizona

I am currently in the process of a short sale. My agent (selling) has been working diligently to get the process completed by the bank's cutoff, however the buyers agent has been quite slow in her procecess. Because of the buyers agent we have had to get permission from the bank to get a doc's turned in late. The buyers agent has repeatedly taken her time with thing stating "The bank is just bluffing. They won't go to foreclosure is we don't get everythingthing done by the cutoff date". The extended cutoff date is today and so far the buyers docs and funding are still not in the hands of the title company. Can I sue the buyers agent/buyers if they cause my property to go to foreclosure because they would not comply with the banks cutoff date? Also, can I sue the buyers agent for leaving my property unlocked overnight so her clients could come and go as they please?


Asked on 6/30/10, 7:58 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You may have an action against the buyer and/or the buyer's broker for breach of fiduciary duty, for their failure to act promptly and in good faith to comply with the requirements of the purchase contract. You have not stated enough facts, however, remember that the buyer's agent is a subagent of your broker, because both brokers will be paid by the seller (and the lender). You might also have an action for damage to your credit.

If the agent left the property unlocked, that is a violation of the agent's duties as well, the question then is how much were you damaged, was anything broken, did they leave the AC running at a cold temp or was anything stolen? Once you see what happens with this buyer, you should consult with an attorney.

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Answered on 6/30/10, 3:13 pm


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