Can I sue my real estate agent for misrepresentation?

What is considered misrepresentation in real estate?

Misrepresentation is the misstating of facts relevant to a property during a real estate transaction, and it is the most common claim made in real estate litigation cases. Misrepresentation typically takes the form of massaging facts to seduce the buyer into purchasing.

What is the most common complaint filed against realtors?

Most Common Complaints

  • Incomplete and duplicate contracts.
  • No permits.
  • Easement errors.
  • Mineral rights.
  • Failure to review or recommend survey.
  • Contract drafting.
  • Failure to review title.
  • Loss of earnest money.

Can I sue my realtor for incompetence?

Negligence: Agents may also be sued for negligence if they fail to exercise due care towards others. Due care is essentially what a reasonable or prudent person would do under the same circumstances. In this case, it would be what a fellow real estate agent would have done.

What are the three criteria for a statement to be treated as a misrepresentation?

For a misrepresentation to be actionable, it has to fulfil three requirements: – there must be an untrue statement; – it must be a statement of fact, not mere opinion; – and it must have induced the innocent party to enter the contract.

What is passive misrepresentation?

This occurs when somebody does not disclose a material fact to somebody in an effort to get them to enter into a contract that would put that person in a bad situation with respect to money, damage, or even personal harm.

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How do you deal with an unethical realtor?

If you have a complaint against a licensed real estate agent or business, visit California DRE’s website for details on How To File A Complaint, or call the California DRE Public Information Line at (877) 373-4542.

What happens when a real estate agent lies?

If you’re worried your realtor has been lying to you, switch to a Clever Partner Agent. They can help you buy a home, and you may qualify for Clever Cash Back, depending on the state you’re in and the value of your home. That’s money in your pocket after your sale is final.