Can I sue my realtor?
UPDATED: Oct 1, 2022
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Can I sue my realtor?
I closed on 5/31/18 on a condo. All of my documents, sales contract, listing agreement and closing docs states the HOA dues is $300. This was a foreclosure, so my realtor dealt with her coworker who had the listing. After my closing I received my HOA statement and it stated $400. I called the management team and she advised me that the dues is $300 and $100 assessment fee. She said it changed to $400 April 2017 that the association had decided over a year ago to keep the dues at $400 and not change it back to $300. I would never have purchased the unit had she given me this correct information. She never checked or did any due diligence. Can I sue the company for not fully disclosing the correct HOA dues?
Asked on July 16, 2018 under Real Estate Law, New Jersey
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The realtor is not obligated to check this information--she is entitled to rely on what she was told by whomever owned the property and was selling (e.g. the foreclosing bank) told her. Further, this is information a buyer can and should verify for himself--you could have contact the HOA and confirmed the dues. Therefore, both because the realtor did not have a duty to investigate this and also because you did not have to rely on what you were told but could have determined it yourself, you would be unable to sue the reator or her company.
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