Can I Sue My Real Estate Agent? (Baltimore: rental, mortgage) - Maryland (MD) - City-Data Forum

helenejen · 09-30-2007, 11:27 PM

I bought a Baltimore rowhouse at the end of May. There were problems leading up to the sale, including the fact that my realtor changed the contract to make the closing 8 days earlier than what I had agreed to without telling me. The signature on the contract is from the original one that I signed when I first made an offer, and she simply whited out the date. The seller's realtor verified that she changed the date and stated that when he asked if she should contact me about the change, she replied no. I wanted the house so I went through with the deal. (I also have a personal check from her, which she gave to me to cover some of the utilities on the rental that I had; I had wanted as late a closing date as possible so that I wouldn't be paying utilities and rent/mortgage on two places. I never cashed the check. My realtor also got the mortgage lender to give me a couple hundred dollars credit to pay for that week's rent because of the "situation.") However, now I also find out that her claim that the new property tax assessment didn't come out until June or July was false. Notice is given to property owners in the early part of the year about what the upcoming new assessment will be. Consequently, had I known that I could have found out what the new assessment was going to be through the Department of Taxation and Assessment. Can I sue her for either of these falsehoods, and if so, can someone recommend an attorney who specializes in this type of thing? Thank you.

jessy0780 · 10-01-2007, 05:58 AM

I'm not sure if you have any recourse, because you did sign the contract, and I'm not sure your realtor can be held responsible for being wrong on the tax info. Check out lawguru.com, you can post your question to a real estate or property lawyer and get free answers and advice.

Padgett2 · 10-01-2007, 06:11 AM

The lawyer will probably cost you much more than you could recover even if you did win.

Rmx Christina · 10-02-2007, 10:03 AM

If you say she changed the contract without you initialing....that's definitely wrong.

Along with the other suggestions, have you contacted your agent's broker?

Zack · 10-02-2007, 02:33 PM

The part about the tax assessment would be difficult to prove unless you have something in writing. Most Realtors don't even make oral claims about things like that as they can be held liable. This would be next to impossible to win and would cost you more in lawyers than what you would recover.

As for changing the contract without your approval, you may have some recourse. Don't worry about getting a lawyer as your damages are most likely under the cap for small claims court. Figure out what the actual damages for the 8 days are and file a claim with the courts.

helenejen · 10-06-2007, 09:07 PM

Yes, I had contacted the broker, and he said a realtor wouldn't do that. When I told him that the contract had clearly been whited out, he said that that remained to be seen, though it clearly evident. Also, I have yet to receive the home warranty that I negotiated. The seller states that because my realtor didn't make sure that it was taken care of in the closing, it is my realtor's problem. My realtor's broker said that is not the case, which I believe, as I can't imagine that the closing somehow makes anything in the contract void.

I need to go to small claims court against the seller for the warranty. And the seller's office, (the seller is a builder/renovator), said that I should sue my realtor for negligence.

Anyway, thanks for the help.

Rmx Christina · 10-06-2007, 11:07 PM

i'm curious as to who the broker is...
i'm assuming there was a home warranty offered, but not delivered as of settlement? was this written in the contract? if so, the policy should have been given to you at settlement.

there is one more thing you can do... check your copy of the contract. I believe it is under paragraph 16 or 17..? under the heading Disputes, I believe. There should be a contact information for events like these.

Let me know if you find it...

helenejen · 10-07-2007, 02:05 PM

Thanks for the information! Mediating disputes is paragraph 34, so that gives me something to work from. The home warranty was written into the contract, and neither I nor my realtor realized that it wasn't in the closing statement. I assume that checking on that kind of things is part of what a realtor gets paid for? But the broker said that it is still the seller's responsibility to pay that, even after the closing. However, someone from the seller's office said that my realtor should have gotten that at the closing and that since she didn't, I should sue her for failure of due diligence.