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  #1  
Old 03-15-2005, 06:44 PM
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Join Date: Mar 2005
Posts: 1

disclosure of past litigation


What is the name of your state? CA

When selling my home, my broker reviewed the items that were required to be disclosed. I told my broker there'd been a lawsuit a couple years before, and many of the other owners in the community seemed to have defects, but none of them seemed to apply to me. My broker told me that I didn't have to disclose this because it wasn't a material defect, even though I got some money from that setlment.

Now the buyer is threatening to sue me for failing to tell him about the defects, and wants a refund on half the value of the house.

Am I liable?
Can I sue my broker for giving bad advice?
  #2  
Old 03-15-2005, 07:12 PM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Would you sue your butcher if he told you that your car engine was fine running on a pint of oil? That's the same as taking legal advice from a Real Estate Broker.

Take the contract AND your lawsuit file to a Real Estate attorney NOW!
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  #3  
Old 03-16-2005, 09:31 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by dandelion2005
What is the name of your state? CA

When selling my home, my broker reviewed the items that were required to be disclosed. I told my broker there'd been a lawsuit a couple years before, and many of the other owners in the community seemed to have defects, but none of them seemed to apply to me. My broker told me that I didn't have to disclose this because it wasn't a material defect, even though I got some money from that setlment.

Now the buyer is threatening to sue me for failing to tell him about the defects, and wants a refund on half the value of the house.

Am I liable?
**A: yes
*******
Can I sue my broker for giving bad advice?
**A: yes, and hope that he/her has a huge E&O insurance policy.
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