Legal Question in Real Estate Law in Illinois

Can I sue my realtor?

I contracted a realtor to sell my property after I had moved across state lines. The realtor found a couple that wanted to buy but could not immediately close. They then signed a sales agreement and also a lease. The sales agreement gave them up to one year to close while putting 5k down and then requiring another 5k in 5 months if they still have not closed. The agreement also said that the 10K would go to me if they did not close in 12 months.

They also signed a separate year long lease that included rent and utlilities + lawn maintenance. Six months later I visited the property because they were behind in the rent. I found out that the realtor never checked IDs and that only the wife had signed the lease/sales agreement! The second signature is still a mystery! She claims it's her mother. They never put down the 2nd 5K toward closing and used the original 5K for rent. At the end of the rental agreement, they did not leave. I had to get an attorney to evict. This took 9 months! I've lost a lot of money in this deal. Is my realtor negligent for not checking IDs or doing a simple background check, or not witnessing the signing on my sales/lease documents ?


Asked on 5/31/09, 9:25 am

1 Answer from Attorneys

Re: Can I sue my realtor?

Thank you for your question. First, you need to review your listing agreement. You may not be able to sue as there may be an arbitration clause. Additionally, the listing agreement may spell out what the obligations of the agent were. To be frank, you should have had a lawyer involved to prepare and review the intial paperwork between you and the buyer. Also, who prepared the lease and the contract? Did they require witnesses? Also, more facts need toi be provided concerning how the transaction went from a couple to the woman and her mother without your knowledge. That is definately a breach of the real estate agent's duty to disclose. Good luck.

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Answered on 5/31/09, 11:46 am


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