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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption