Legal Question in Real Estate Law in Illinois
Real Estate Law
What if I am a selling agent on a property of new construction and the buyer who is also represented by and agent, waives the right for any inspections. The deal goes to closing. Then the buyer has issues. They contact the builder. He apparantly does what is asked(according to him). Now a law suit has been filed.(Lack of performance? Or not withholding up a guarantee on workmanship). Can the listing agent be legally named in this law suit as well?
2 Answers from Attorneys
Re: Real Estate Law
What do you mean "what if" I was the Selling Agent?? Either you were or you were not. The question is whether you were named a defendant or not. You can examine the complaint at the office of the clerk of court. If you are a named defendant, you can expect delivery of a summons and complaint by the sheriff. In that event, I would immediately transmit the summons and complaint to your E&O carrier. Good luck!
Re: Real Estate Law
Anybody can be named in a lawsuit and, if so, should file an answer to the allegations -whether you are liable or not is a separate issue - new construction in Illinois is guaranteed for one year so the builder is going to end up liable if those issues are covered under the law.
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