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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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