Legal Question in Real Estate Law in California
Undisclosed Real Estate Agent
During the purchase of our home it was never disclosed to us that the seller was actually a licensed California Real Estate Agent. In fact it turns out that both the seller and her husband are listed under a brokerage here in San Diego & maintain a local residence here as well. We were told they were from out of state and the trustee paperwork seems to confirm the out of state residence aspect as well. I found this out by after mentioning whom we had bought the place from & it turns out the firm representing the seller is actually the sellers old employer. But still no one mentioned this to us and we even asked several leading questions that should have warranted diff answers. The selling agent has stayed mute & now I find out that this selling agents husband does pre home inspections for certain clients at this firm. Turns out I saw his card on the counter when we did our first walk thru. My biggest issue is that now many disclosure issues are popping up & the seller has even admitted she mislead us but says there is nothing we can do. A nightmare is starting to unfold and we are lost in Big Business BS.
Do we have any avenues to proceed upon or are we out in the rain?
3 Answers from Attorneys
Re: Undisclosed Real Estate Agent
While your question seems to imply ethical violations by the agent, a complaint to the Department of Real Estate would probably suffice. If you suffered any monetary damages that were less than $7,500, you should probably just bring an action against them in small claims court without any attorney or attorney fees. If you believe that your loss is greater, you may have a civil claim. Our office would have to review your paperwork and proof of your loss (actually what you have thus far). We may be able to help you. Please contact our office if you have any other questions.
Re: Undisclosed Real Estate Agent
I am an attorney and a licensed real estate broker. You are right, they needed to disclose their agency status. Whether you have a case turns on whether you have suffered any damages and in your question, you have not indicated whether there were any nondisclosures that have directly lead to damages. You can contact me to clarify and if you do have substantial damages as a result of material nondisclosures, I would definitely consider taking the case. Thanks,
Re: Undisclosed Real Estate Agent
If the seller is an agent, this fact must be disclosed. The big issue right now are what are your damages. If the seller has made a false disclosure, I would begin to look at the Transfer Disclosure Statement (TDS) and begin to wonder what else was false.
If you were to bring a lawsuit, arguably the statute of limitations would commence to run when a reasonable person would suspect something wrong had happened. That time is now. I would thoroughly check everything on the disclosure list, and make sure you haven't been mislead as to anything else, i.e. zoning, flood, termite, etc. If you find more defects, I would speak to an experienced attorney immediately.
Very truly yours,
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