Can we file a claim for compensation at the small claims court against a realtor who systematically misrepresented the situation?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can we file a claim for compensation at the small claims court against a realtor who systematically misrepresented the situation?

When we signed the lease for a business unit the realtor did not tell us there was an ongoing issue with the sewer of the building and therefore we could not get a business use permit to operate our or any business in this unit. We found that out when our permit application got rejected. During the next 5 months the realtor kept on telling us the situation would be fixed in a matter of weeks, which was not the case. Now 7 months later, it’s still not resolved. It now appears that connecting a building to the sewer takes at least 6 months, a realtor should know that. Furthermore, according to the landlord the realtor was aware of the sewer issue when we signed the lease and the landlord was surprised the realtor never told us. The realtor also tried to convince us to operate with permit. We moved to another location but deception of the realtor caused a lot of stress, loss of time, lost business, additional costs, etc. We would like to get some compensation for that. Can this be done in small claims court?

Asked on November 22, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you can show that that under the circumstances, the realtor knew of the issue and deliberately concealed it from you, you could sue the realtor based on fraud: on a misrepresentation (essentially, a lie about) a material (or imporant) issue. You would likely need to subpoena the landlord to appear in court, to testify that made the realtor aware of the issue (the realtor is not required to indepenently investigate it, so someone would have had to have told him/her). You could sue for provabably economic losses (e.g. costs; possibly lost profits, if you can sufficiently prove them) but not for stree, lost time, etc.--only for provable economic losses--up to the small claims limit.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption