Legal Question in Real Estate Law in California

Hi,

I bought a house and my realtor got my home inspector for me. I was given a report that said I had no termites and only $330 worth of dry rot repair. It turned out later (approx 3 mos.) that I was given a fraudulent report. The inspector had no pest license and there are termites and over $30,000 worth of dry rot that was not disclosed to me. This real-tor's office has used this same inspector 9 other times over a two year period. Do I have a good chance in court against the realtor?

Thanks for your help!

Sherry


Asked on 6/13/11, 4:53 pm

4 Answers from Attorneys

This is not a question that can be answered with the limited facts you provided. Your claims against the real estate office would be for negligence or fraud. Both would involve proving the agency knew or should have had some knowledge that made the recommendation of that inspector inappropriate. The fact that the inspector had no license would support your case, but if the inspector defrauded the agency through no fault of the agency, about the license status, you still might not prevail.

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Answered on 6/13/11, 5:07 pm
Anthony Roach Law Office of Anthony A. Roach

Not based on what you have provided. You would have to show that your realtor knew or was aware that either 1) the termite inspection report was false OR 2) that this termite inspector lacked ability and credentials.

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Answered on 6/13/11, 5:54 pm
Terry A. Nelson Nelson & Lawless

There is no way of answering you without a full review of the facts and documents. You will get your final answer from the judge or jury at the end of trial, based upon all the admissible and credible evidence that was allowed. If you can show the broker knew the fraud, knew the lack of license, then you may be able to recover from him, as well as the inspector. I suggest you hire an attorney to represent you, or at least consult with one to determine what you actually have for a case. If serious about doing so in SoCal courts, feel free to contact me.

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Answered on 6/13/11, 6:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, note that the term 'Realtor' is a registered trademark for a member of a private association of real-estate licensees who pay dues and ascribe to the organization's higher standards. Not all real-estate agents and brokers are Realtors.

When an individual retains a real-estate licensee (salesperson, agent, broker, etc.) to assist in purchasing a home, the licensee takes on certain responsibilities to the client. These include a duty to investigate and to exercise a high degree of professionalism. I cannot say, without research into the case law, that this particular licensee breached a duty owed you by failing to know and inform you that the inspector was unlicensed and incompetent, but I do believe that is a strong possibility.

You may need an expert witness to testify about the duty of care of a buyer's broker. Also, if you have a written agreement with your licensee or broker, what does it say about handling of disputes? Is there an arbitration clause? An attorney-fee clause?

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Answered on 6/14/11, 8:57 am


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