Do I have recourse?

UPDATED: Oct 1, 2022

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Do I have recourse?

I asked my agent three times if pre-lien search had revealed any liens prior to listing my house for sale. She assured me that the search was done and no liens were found. We staged and listed our home. We had a buyer in 1 day Was told okay to pack it all up and scheduled movers, rent storage facility and trade in our car. then, 2 days prior to closing, the agent said that

Asked on October 16, 2017 under Real Estate Law, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the real estate for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable real estate agent would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be damages caused by the agent's negligence such as foreseeable expenses you have incurred.
The damages you are seeking may exceed the maximum you can recover in small claims court.  Therefore, it would be advisable to file your lawsuit in a higher court such as superior court.  Your state may have a different name for superior court.

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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