Is seller liable for real estate agent error?

[MRJ]

Buyer is taking seller to court for misinformation as to lot size. Seller hired real estate agent to sell property, never met buyer or dealt with any of the lot size information. Is seller legally responsible for real estate agent giving misinformation? Buyer wants to settle out of court-seller questions whether to settle or have case heard before judge. Property was sold a few years ago.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MRJ:
Buyer is taking seller to court for misinformation as to lot size. Seller hired real estate agent to sell property, never met buyer or dealt with any of the lot size information. Is seller legally responsible for real estate agent giving misinformation? Buyer wants to settle out of court-seller questions whether to settle or have case heard before judge. Property was sold a few years ago.<HR></BLOCKQUOTE>

Both the Seller and the real estate agent are liable but the agent has more liability because the agent is licensed and a professional in the real estate industry and is therefore held to a higher standard.

Are you the Seller or the Buyer? Please provide more details such as lot size difference, monetary value/economic loss basis, how the error was discovered, was there a survey, real estate appraisal, public record check completed etc.?

 

[MRJ]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Both the Seller and the real estate agent are liable but the agent has more liability because the agent is licensed and a professional in the real estate industry and is therefore held to a higher standard.

Are you the Seller or the Buyer? Please provide more details such as lot size difference, monetary value/economic loss basis, how the error was discovered, was there a survey, real estate appraisal, public record check completed etc.? <HR></BLOCKQUOTE>

Thanks for replying to my concern. A member of my family is the seller. The property was sold a few years ago. The buyer built a garage on a the land and then found out from a neighboring landowner that the garage was on the other landowner's property. The buyers state that the agent told them that this section of land was theirs with the house. My family member recalls the agent asking about this portion of land but the agent stated that he would check with the title company. The title company gave him documents stating the lot dimensions which did not include this small piece of land. My family member thinks that the agent may have told the buyer that this piece was his but didn't want to correct himself once the title company sent the documents. My family member's lawyer has stated that the buyer is willing to settle out of court, but she feels that she shouldn't be responsible for this based on her contract with the real estate agent. The buyer is also trying to settle out of court with the agent and his boss. Should she settle? What are her rights?