Legal Question in Real Estate Law in New York

Do I have a case?

During the sale of my house, I was told by my real estate company the buyer had the mortgage and to sign the lease on my new place. Three days after I signed, I was informed the buyer was turned down for their mortgage. It has been one month and my home still has not sold. I'm paying two mortgages ( I cannot afford ) not to mention all the other bills that are included. Do I have a lawsuit against my real estate company for giving me this misinformation?


Asked on 9/19/06, 10:55 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Do I have a case?

I take your reference to "my real estate company" to mean your broker or listing agent. I would need more information, including a copy of the contract of sale, the brokerage/listing agreement and other written and oral communications among those involved. My sense is that you or your attorney should have been on top of the issue, relying only on notice gotten from the buyer or its attorney given in the manner provided by contract. But the broker is your agent, and depending on the nature and extent of their miscommunications, you may have a claim. Feel free to call our office to discuss this further.

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Answered on 9/22/06, 1:31 am


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