What can we do if a realtor listed a property as having over $15k in features that it didn’t have but we made an offer on it no knowing?

UPDATED: Sep 29, 2022

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What can we do if a realtor listed a property as having over $15k in features that it didn’t have but we made an offer on it no knowing?

It was in the MLS listing as well as the literature in the home. We made an offer based on this information and once under contract, the sellers disclosure didn’t claim any of the features. We’ve terminated the contract as a home inspection confirmed these features did not exist at this property. Can the realtor be held responsible for the $700 for inspections, etc?

Asked on September 7, 2015 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The realtor can likely be held liable, under a fraud theory, if the realtor  knew that the home did not have those features and knowingly lied about it. But realtors are not required to inspect properties and can rely on what the seller told them, so if the seller lied to the realtor, the realtor is not liable...though in that case, you may be able to hold the seller liable. The crux of the matter is, you seek to recover the money from whomoever lied and if they do not voluntarily pay it, bear in mind that you'll have to sue to get the money.

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