Legal Question in Real Estate Law in California
We were promised the keys to our new home as soon as we signed loan documents by our agent. She stated several times to us and our broker that the seller's were only concerned with the loan docs and as soon as they were signed it was a "done deal" and we could get the keys. We verbally confirmed with her the day before the signing, as advised by our broker, I confirmed with him that she verified we could definitely get the keys the day of the loan doc signing. However, the day we signed our loan docs she stated the seller's changed their mind after giving us a few different stories. Because we had to make same day arrangements for our toddler, two dogs, my disable mother, my brother, my husband and myself we are out over $800 in rental trucks, storage, hotels and related expenses. Can we go after the agent for damages?
3 Answers from Attorneys
That depends upon when she knew the keys would not be turned over. If the sellers knew you wanted to move in at that time they are responsibile and their agent might also be. But your agent was foolish in not putting that in the purchase agreement, although probably not so foolish as to be negligent and liable for damages. You should write a note to all three laying out what your damages were and attaching receipts; tell them you do not care who pays what but that at least the seller had to reimburse you. Be ware that they will respond that the purchase agreement states in contains all terms of the agreement and no verbal agreements can vary it, and the agreement probably says possession to be turned over at the close of escrow. You would have to argue that the change was made after the contract was signed, it does ;not really contradict the terms of the escrow, there was reasonably detrimental reliance by you that they knew about and knew would definitely result in damages to you. By the way, were taxes pro rated to the date of your getting the loan or the date escrow closed.
Signing loan documents is rarely grounds for getting keys. Usually a purchase and sale of real property is the subject of escrow, and you don't have title, and the right to possession of the property, until close of escrow. I doubt the loan had even funded, which is most likely a contengency of the sale. My big question to you would be what are the terms of the purchase and sale contract, and what are the terms of the escrow.
The sellers are not bound by statements made by the buyer's agent to the buyer, unless she is acting as a dual agent.
I agree with both previous answers. Buyers generally don't get possession until close of escrow and most purchase agreements so state in black and white. It would be interesting to know whether this arose out of a misunderstanding by an agent, the seller's change of mind, or a deliberate deception. Nevertheless, in any case it is a weak lawsuit and your best hope is that the responsible party, or her broker, will feel a moral obligation to make you whole.