Can I sue for misrepresentation?
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Can I sue for misrepresentation?
About 7 years ago I sold my house. The agent told me the buyers wanted specific personal items or they would back out. I agreed, later to find out that the buyers did not ask for those items. The realtor wanted them for hereself. I went to the attorney office that did the closing and got a copy of the contract that they had and the items were not on the contract that they have. The items were only listed on the copy that the realtor gave me. She told the attorney not to make a copy for me because she had already given me my copy the night before. Do I have a case against this real estate firm for misrepresentation? I just discovered this because I just happened to run into the homeowners a few days ago.
Asked on February 3, 2018 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, the relevant "statutes of limitations," or time period during which you must being a lawsuit or else you will not be allowed to sue, in your state for this would be three (3) years: those would be the statutes of limitations for fraud (lying about something important, to get you to do something) or conversion (theft). Since those are only three (3) year statutes, at seven (7) years since the sale, too much time has based and you cannot sue.
Also, even if you could sue, you'd have had to sue the agent personally: her employer is not responsible for her intentional wrongful act which was no only outside her business responsibilities but which was also almost certainly against their polices and procedures.
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