Expert: Dick Dennis - 6/26/2010

Question
We sold a home and closed may 2009. Our realtor selling the home was told about some things about the repairs made to the home and we specifically asked if we needed to disclose any of these things..."na you don't have to list them if they aren't posing as a problem".....and they weren't so we didnt....now 1 year later we are being sued for 20K. We only received 3500.00 in closing/ due to loans...and the agent received 5300.00....we are being sued because of a huge storm this spring of 2010 and there was leakage. Now we are being sued because they feel we didn't disclose things to them. Our agent told us not to disclose it.... Now our attorneys tell us to settle out of court to prevent the suit from being filed in court. Who is to really be involved in this suit? the realtor for negligance, or us as the sellers...why hire anyone to sell for you?...please help

Answer
What you need to do, Wanda (I'm surprised your attorney didn't make this suggestion) is to advise the BROKER/OWNER of the office that handled your sale and tell them that if you get sued, THEY are going to get sued by YOU. So, you should advise that broker to take care of this matter.

However, Wanda, unless it was in writing, the agent most likely would deny he said what you said he/she said. In real estate, remember, if it is not in writing, it was never said. But try anyway.

Most all brokers are insured against this sort of thing. That's why they call it "Errors and Omissions Insurance." In almost all states, there is a document you, as the seller, are required to sign, saying what you know about the property. Also, the buyers should have had an inspection done by a licensed property inspector. If they didn't, then they bear part of the blame. If they did, then the inspector should have advised them of the defect.

I think their attorney is trying to see how far you will let this go. Also, if you have little or no assets, simply write a letter to their attorney saying you do not have any assets and he is wasting his time trying to get a nickel out of you, much less $20.000 (sometning else I am surprised your attorney didn't tell you). I do wish you well.

Dick Dennis
dixiedee13@aol.com