Legal Question in Legal Ethics in Minnesota

I had a realtor steal my identity. I made an offer to Edina reality to purchase a home. I had to send them an earnest check. The house was already sold to someone else but he did not tell me this until after I sent him the check. I did not get the house but he got all my personal information and my checking account numbers.

He was arrested about a year later. He had an id with his picture but all my information on it. I checked my bank statements I was able to stop payment on everything he did. So as far as I know he did not get away with any of my money. I am worried about what he might have all done using my identity, and how much of it is going to haunt me in the future.

Can I sue him and Edina reality, and for how much?

I should add that the realtor that I sent my earnest check to is friends with the realtor that was arrested with my identity. They both work for Edina reality.

Asked on 1/13/12, 4:41 pm

1 Answer from Attorneys

I think you are going to have an uphill battle. You are going to have to prove that Edina Realty did something wrong. Just because this person worked there doesn't make Edina Realty liable. If someone is working at McDonald's and runs across the street and robs a bank, it doesn't mean McDonald's is responsible just because he was on the clock. In addition, it does not appear that you have any damages other than someone had your info on his id. That is not going to translate into much money.

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Answered on 1/15/12, 9:54 am

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