Can I sue for misrepresentation?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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