Legal Question in Real Estate Law in South Carolina

Lawsuit against a deceased broker

My father recently died of an illness unexpectantly earlier this year. Prior to his untimely passing he was an independent real estate broker for approximately 15 years. I was informed last week that he (his estate) is now being sued by two of his former clients for selling them a house with termite infestation, leaky roof, and damaged floors. They are charging him with misrepresentation and several other charges I am not familiar with. My father did not leave anything physical or monetary to his family at the time of his death. Now my mother says that his former clients are holding her responsible, and wants her to settle out of court. The only thing we own of equity is our house, which she says they are trying to make her sell so that they can collect the $50,000 they are requesting for damages. Is this possible? And if so, what can we do?


Asked on 10/27/00, 2:20 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Lawsuit against a deceased broker

If his estate is being sued that means someone, e.g., the executor or administrator of his estate must be named in the lawsuit. That person needs to retain an attorney to represent him/her. If your father owned an interest in the house at the time of his death, and the plaintiffs can prove liability and damages, his interest in the house might well be attached.

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Answered on 11/16/00, 11:21 am


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