Can I sue a realty company for putting our deposit on the wrong home which reslted in our losing the home that we wanted?

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Can I sue a realty company for putting our deposit on the wrong home which reslted in our losing the home that we wanted?

My wife and I were trying to rent a home and knew just the home we wanted, we had a Realtor show us then home and we put our deposit down on it. A week pasts by and I find out that they put our deposit down on a home we had never seen and someone had just signed a lease for the home we should have had our deposit down on. Is there anything I can do or are we just screwed?

Asked on October 21, 2010 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You may have a case against the realtor for negligence--they negligently (or unreasonably carelessly) failed in their duty and therefore caused you a loss (not getting the house you wanted). Note that you can't sue for disappointment or because you don't end up with a house you like as much, but only for actual economic loss. So if you end up renting a more expensive place; or have to spend money on hotels and storage for  your belongings while looking for a new place; or have to spend  more on commuting because now you're further from work; or etc.--any type of out-of-pocket loss--you'd have something to sue for. If all you have is your disappointment, while you could report the realtor to the corporate office of the franchise, to the better business bureau, etc., you don't really have anything to sue for.


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