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How do you sue a realtor?

Customer Question
How do you sue a realtor?
Submitted: 4 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/8/2018
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What is the basis for the lawsuit? How much do they owe you?

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Customer reply replied 4 months ago
When I bought house, Builder home and my realtor lady did not told me about grace peiod that after i Pay earnest money i have 7 days i can cancelled, without loosing my earnest money, My right to Pick Title company, She Pick what she like it and did not come stilll on my closing day.I ask I need lawyer because she did not explained me anything, she told me no, you no need it.lots of violation. I did not know if I did not study and get my license.
Customer reply replied 4 months ago
Now I am Realtor and case against Realtor.Talk to her Broker but seems he is not care.Where i should complaint , My time limit to complaint is too close.2 years in 3/26
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

I'm sorry to hear that.

Texas law doesn't provide for an automatic cancellation period of all real estate contracts. Is this for a manufactured home or a rent to own situation? Did you pay for the right to add a cancellation clause to the contract?

And again, how much money are you out? It affects where you can sue, which also is going to affect how to do it.

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Customer reply replied 4 months ago
It is not manufactured home, Builder Inventory new Home, They do not have option Period like old home,So after they right contract they do not have any grace period at all, and if it is not then she should tell me about that also,that in any case if i back out I loose my all earnest money4000 $
Customer reply replied 4 months ago
I think I bought in hurry that my home, Its hard to approved for self employed for loan and month before i have everything is ready with another builder in another community, appraised value have 20,000 $ diffrance and i back out, i did not know at that time I get my earnest moneyback, Builders agent he told me verbally that you loose your money, but he did not redyce price on home, so I walk out but after one month they give me money back, on the same week, I give another house offer and they accept it.
Customer reply replied 4 months ago
My realtor she did not told me a word about when I am signing contract and all this Builders contract that i have no right or nothing when I signing all this documents.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

I'm confused. Based on what you're saying, it sounds like you didn't have any grace period. The realtor doesn't have to tell you that, because there's no reason to assume that there is one.

You wouldn't be able to sue her for not telling you anything that is IN the contract, because the law presumes that a person who signs a contract has read, understood, and agreed to everything stated within the document. It's never a basis for a cause of action that you didn't read the contract.

But I'm still trying to figure out how much money the realtor has cost you, because I've asked twice and you haven't answered. If you can't quantify your damages, there's no way for a court to give you a judgment.

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Customer reply replied 4 months ago
its her Comission about 2000 $.So I thought I hire her as realtor she looks for my Interst and not the Builders. She have duty towards me, because i hired her but get paid by sellers.
Customer reply replied 4 months ago
hello
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

If you're only seeking the $2,000 commission you paid her, you can file a lawsuit in Small Claims Court. The system is designed to be user friendly, so you do not need to pay a lawyer. Most lawyers would charge more than $2,000 to bring a case, so it wouldn't really benefit you to hire someone.

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Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Your local small claims court will have forms you can use to file the case. This site has a lot of helpful information on the process:

https://texaslawhelp.org/money-debt/small-claims

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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