Do I have recourse?
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Do I have recourse?
I asked my agent three times if pre-lien search had revealed any liens prior to listing my house for sale. She assured me that the search was done and no liens were found. We staged and listed our home. We had a buyer in 1 day Was told okay to pack it all up and scheduled movers, rent storage facility and trade in our car. then, 2 days prior to closing, the agent said that
Asked on October 16, 2017 under Real Estate Law, Missouri
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the real estate for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable real estate agent would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be damages caused by the agent's negligence such as foreseeable expenses you have incurred.
The damages you are seeking may exceed the maximum you can recover in small claims court. Therefore, it would be advisable to file your lawsuit in a higher court such as superior court. Your state may have a different name for superior court.
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