Legal Question in Real Estate Law in California

Can a seller lie about making multiple counter offers

I received a counter offer for a house I had offered to purchase. The counter offer was one of multiple counter offers (box 4 was checked on CAR Form CO, Revised 10/04). I have since learned that there were not multiple counter offers made. Do I have a legal case against the sellers and/or their broker?


Asked on 10/05/05, 5:23 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Can a seller lie about making multiple counter offers

If the broker was lying about have other offers, the broker could have committed misrepresentation under the Department of Real Estate regulations. I would need more information about your situation to determined what recourse you have, if any. Did you not buy the house? Did you end up paying more? Did you buy something else? How do you feel you were damaged?

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Answered on 10/07/05, 7:50 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Can a seller lie about making multiple counter offers

No, unless you relied on that representation, made a counter which was higher than you otherwise would have made, and actually completed the purchase. An essential element to be proven in any lawsuit is the element of damages. Without damages, no lawsuit can be successful.

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Answered on 10/05/05, 6:24 pm


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