Legal Question in Real Estate Law in Massachusetts

What are the obligations of a realtor after purchasing a new home

I bought a new house 2 years ago and it came with a one year warranty. During the year we found items that needed to be fixed and gave the list to the realtor. The realtor assured us time and again that the items would get fixed. Some issues were fixed but many were not. Now 2 years later the realtor told us that she can't help us and that we must contact the builder ourself. Where the realtor gave us these assurances for 2 years isn't she resonsible to see that the work is done?


Asked on 6/14/04, 11:43 am

2 Answers from Attorneys
David Summer Law Office of David B. Summer

Re: What are the obligations of a realtor after purchasing a new home

The realtor is an agent of the builder (I presume that the agent was a seller's agent as that is typical). In an case, you may still have a claim against the building if he or his agent recieved notice of the defects during the warranty period.

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Answered on 6/14/04, 11:49 am
Eleanor Rich Rich Law Offices

Re: What are the obligations of a realtor after purchasing a new home

If you have complied with the terms of your warranty as to notice of defects covered under the warranty, probably the builder will be liable to you. As the builder's agent for the sale, the broker may or may not have had actual or apparent authority to receive such notices. I suggest that you read your warranty carefully, or have it reviewed by legal counsel.

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Answered on 6/14/04, 1:14 pm


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