What are our rights if our realtor failed us?

Our realtor organized all inspections for multiple houses. In our current house, she advised to waive the home inspection, but we would do a radon test. She never did the radon test as we requested, left the seller to do so without telling us. Seller withheld radon results until after attorney approval – it had failed. We now have a radon issue; realtor says not her problem. We would have negotiated the radon during approval. Had realtor done it as requested, we would have had the results during approval and could have managed it.

Asked on July 19, 2012 under Real Estate Law, Illinois


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

Your recourse is actually against the seller's.  They withheld safety information from you thereby concealing a latent defect, which should be a contradiction of the disclosures made at the time that the contract was entered into.  Do you have an attorney in the transaction?  You might bring it to his attention and it may be grounds to rescind the contract.

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