Can I seek damages from my real estate agent?

UPDATED: Oct 1, 2022

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Can I seek damages from my real estate agent?

I have been trying to sell my house for almost 6 months. However, my agent has not been adequately keeping me abreast on what is going on through the process. Then a few weeks ago they sent me an addendum to sign informing me that I would need to vacate my house within a few days. We had a lot of things to move, so we arranged to move and rushed to get everything out of the house. When after a few days I did not hear anything from the agent, I called him and stated that the buyers who were purchasing my buyer’s house were not yet approved. This has caused us a major problem. I am buying my son’s house, so he moved out and is renting a place. He now has rent and a mortgage and I still have to pay a mortgage on the house I vacated.

Asked on December 28, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot sue your realtor for vacating or renting new space: you choose to do it. He could not force you to move out; instead, when he asked you to move out, you chose to do so--and based on what you write, you did so without confirming the status of the deal/sale. While yes, he appears to be a bad, uncommuicative realtor, he had no power to make you vacate or rent another location; the fact that you voluntarily choose to do so at his request doesn't make him liable to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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