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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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My home was in foreclosure bank gave me time to sell. Had

Customer Question

My home was in foreclosure bank gave me time to sell. Had buyers approved, inspections done, Tittle papers signed. My real estate agent did not submit papers as promised and my home got sold in auction the very next day in morning. Unheard for funny that a partnership bought my home. to be auction to foreclosure the bank gave me a chance to sell home so it was taking off auction. All he could say was sorry so being a very good con I call the bank upset on how could they do that...So I filed a complaint to the Financial Credit berrual. They investigated the bank for me. To only find out to my surprise that the agent submitted docs that day. He should of submitted it 5 days before. Had all needed documents he needed plus was already in title...Had to pull my pension, still waiting on that to buy a home and to make ends meet. Lost everything.
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: California
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 9 months ago.

Hello. I may be able to assist you.

Are you inquiring about what legal remedies you may have? It sounds like you may well have an action against the agent (and more specifically against the broker with whom the agent lodged his license) for a professional malpractice claim. If your agent knew time was of the essence and failed to timely submit the paperwork, he arguably committed professional malpractice and you can sue him (he should have errors & omissions insurance) for the damages his negligence caused you.

You will need to consult an attorney in your area. There are plaintiff's attorneys who will review your case, and if they feel you have a good case, they will take it on contingency (they will be paid an agreed portion of your recovery only if you prevail).

Unfortunately, there are agents who handle short sale situations and are not qualified or experienced enough to handle these types of matters.