Legal Question in Real Estate Law in Maryland
Grounds for Suing My Real Estate Agent
At the end of May I purchased a
Baltimore rowhouse. My realtor
whited out the closing date that I
had agreed to and made it 8 days
earlier. (My signature on the contract
is from my offer on the initial offering
on the house.) I wanted the house,
so I bought it. My realtor also lied
about the property taxes and told me
that the new assessment figures do
not come out until June, when it fact
the previous owner was notified of
the new assessment in the
beginning of the year, as are all
property owners. Had my realtor told
me the truth I could have called the
Department of Taxation and
Assessment for the new figures.
Also, she has still failed to obtain
from the seller the money for the
home warranty, which the seller was
to pay per the contract. Can I sue
the realtor for any of this?
2 Answers from Attorneys
Re: Grounds for Suing My Real Estate Agent
In order to make out a claim against the realtor you will have to prove that her actions breached the standard of care and that you were damaged, ie, would not have bought the house had you known the true tax bill, or that you paid commissions that you otherwise would not have had to pay had you conducted the transaction yourself, ie that she did not perform the services that she contractually agreed. Without knowing more facts, I can't assess properly the merits of your case.
Re: Grounds for Suing My Real Estate Agent
All the things you mention are possible grounds for a suit, although it's not clear when you discovered these issues, what steps you took before closing, and what (other than the cost of a home warranty)that the actions of the agent caused you enough financial loss and aggravation to want to spend more money and more aggravation suing him/her. There are two other options: (1) A complaint filed with the Maryland Real Estate Commission; and (2)An arbitration case filed (particularly if your contract required the use of arbitration instead of filing a lawsuit).
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