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Can i sue my realtor for not letting me know about capital…

Customer Question
Can i sue my...

Can i sue my realtor for not letting me know about capital gains tax. I sold my house exactly 14 days before i lived in it for 2 yrs. Not knowing that i would have to pay 10 thousand dollars in taxes because i didnt live in my house for 2yrs

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I just wanted to know if my realtor should have told me about the tax or sugest that i sell my home on april 23 not April 9 2018

Lawyer's Assistant: Where is the house located?

Oregon

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The realtor was also the listing agent for the home i bought

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
5/31/2018
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,341
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Did the realtor give you legal advice regarding taxes?

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Customer reply replied 2 months ago
Not until after i got upset about her not telling me about my capital gains tax. Then she told me to start up the coffee shop and use it as a tax right off
Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, the realtor is not allowed to give legal advice. So, it could have been malpractice if they gave tax advice. However, the taxes are not something the realtor is obligated to, or even should be, advising you on.

If she gave the wrong information, that would give rise to a claim, but not giving tax advice is not a claim.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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