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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6854
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We recently bought a home and the realtor strongly advised

Customer Question

We recently bought a home and the realtor strongly advised us that we did not need an inspection prior to closing and that a home warranty would cover anything wrong with it, which we are now finding out that the home has some serious issues and the home warranty does not cover anything pre-existing. We feel he did not disclose issues with the home and lied about other issues. The major issues are the septic system and the water well. There are also numerous other smaller issues like plumbing, garage doors, windows and early on the AC which we took care of. We have been in the home for two months now. With all these issues there is no way we could resale the home without some serious work to be done. We feel the agent did whatever he could to make the sale and was not looking out for our best interest. Ironically his mom was the selling agent, both worked for the same agency, Keller Williams. We feel the agent hid and did not disclose issues with the home and lied about other issues which is why he did not want a home inspection. Is this something that we can legally pursue.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 3 months ago.

We feel the agent hid and did not disclose issues with the home and lied about other issues which is why he did not want a home inspection.

This question is usually answered sarcastically with: "Ya think"? Yes, I agree with you that your agent had his own commission in mind, and even more so that of the sellers agent being in the same company. The realtors call that a "me and me" commission split. In other words, one company gets the whole thing. Most importantly, he lied to you about the coverage of a home warranty. That's a misrepresentation of a material fact, commonly known as "fraud". That is definitely case that you can pursue against that agent. I'm fairly sure he will have insurance coverage, and they will most likely wish to settle with you at some point.

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