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Need a Real Estate Attorney so I can sue a seller.

anon_x731qvsnsyb8i

Diamond Knight
Sep 1, 2006
17,853
4,440
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7th level of Dante's Inferno.
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Long story short.

Things were looking good on the house I was intending to buy.

Loan commitment came up and found the day before, despite the house NOT being in a flood zone as proven by 2015 flood maps, they need an elevation certificate to determine risk or I cannot get the required homeowner's insurance either. Did a loan extension, but the seller provided an outdated certificate, and is about to cancel the sale thus taking my 2,500 deposit and moneys spent on inspections. The listing agent is feigning ignorance, but my loan officer, and EVERY insurance company I found needed the certificate. I have to wait 2 weeks for a new elevation survey (earliest possible) which the seller won't wait for.

What a mess. I need a lawyer now to help regain the money's spent as it was out of my control, or to tell me if I have no chance in even trying.
 
Sign up for the flood policy...close on house...then get certificate and cancel flood policy (insurance company will refund whatever you over-paid).

I can't even get a quote for a flood policy without an elevation certificate to indicate risk. This is the policy in Florida for any Flood insurance. It's not that easy because I've already inquired about that route. I do plan to get a LOMA (as the neighbors in the area did) since the house is WELL out of any flood zone by many feet.
 
When the boom went bust, FEMA flood certificate fraud became a good way for lazy a$$ surveyors to make money without leaving their desks. That's why its a problem. They want a legit survey and certificate. Not something pushed together to force a sale. The agent is probably stupid to it, because they are all stupid. His/her broker knows exactly what the problem is. I can't give you advice publicly and won't do it privately. Good luck. It will probably work out.
 
You should sue your realtor. That person should be helping you do all this and working with the other realtor.
Unless otherwise disclosed in advance in writing, real estate professionals are transaction brokers. That's legal speak for they represent the deal, not the buyer or the seller. In other words, they have no duty to represent you, protect you, or indemnify you under nearly all circumstances. So there is no reason to sue. They have no duty to help you and you shouldn't rely on their representations.

They essentially represent themselves and their entitlement to a commission from the transaction for whatever limited marketing and price valuation services they provide. Realtors are worthless creatures that artificially raise the value of property, unless you are a clueless owner or an absentee land owner and need the services of an estate agent.
 
Unless otherwise disclosed in advance in writing, real estate professionals are transaction brokers. That's legal speak for they represent the deal, not the buyer or the seller. In other words, they have no duty to represent you, protect you, or indemnify you under nearly all circumstances. So there is no reason to sue. They have no duty to help you and you shouldn't rely on their representations.

They essentially represent themselves and their entitlement to a commission from the transaction for whatever limited marketing and price valuation services they provide. Realtors are worthless creatures that artificially raise the value of property, unless you are a clueless owner or an absentee land owner and need the services of an estate agent.
But, really, tell us how you feel.
 
Unless otherwise disclosed in advance in writing, real estate professionals are transaction brokers. That's legal speak for they represent the deal, not the buyer or the seller. In other words, they have no duty to represent you, protect you, or indemnify you under nearly all circumstances. So there is no reason to sue. They have no duty to help you and you shouldn't rely on their representations.

They essentially represent themselves and their entitlement to a commission from the transaction for whatever limited marketing and price valuation services they provide. Realtors are worthless creatures that artificially raise the value of property, unless you are a clueless owner or an absentee land owner and need the services of an estate agent.
That's true, but buyer could file a complaint with the DBPR.
 
Unless otherwise disclosed in advance in writing, real estate professionals are transaction brokers. That's legal speak for they represent the deal, not the buyer or the seller. In other words, they have no duty to represent you, protect you, or indemnify you under nearly all circumstances. So there is no reason to sue. They have no duty to help you and you shouldn't rely on their representations.

They essentially represent themselves and their entitlement to a commission from the transaction for whatever limited marketing and price valuation services they provide. Realtors are worthless creatures that artificially raise the value of property, unless you are a clueless owner or an absentee land owner and need the services of an estate agent.
This is all true. The best realtors IYAM are the ones who don't even try to waste any effort pretend any of the above is untrue I was lucky enough to find one on my last home sale.
 
As a Realtor, I will tell you not all of us are incompetent. I noticed the elevation certificate was outdated, and told my buyer they would need one weeks before closing, so they at least had a heads up on the situation.

Sadly though I will admit, some of those in my profession are bad apples. With so many people trying to call themselves "Realtors" you will end up meeting quite a few that are unprofessional.
Also for everyone a Good Realtor will give you a closing checklist.

I may not be the best looking agent, but I will try my best to work hard and be honest!
 
You should sue your realtor. That person should be helping you do all this and working with the other realtor.

One should always have a real estate attorney at the beginning, middle, end of a home purchase cycle...especially since its probably the biggest purchase you will ever make in your life.
 
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