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What are my chances of sueing my Realtor and winning? California?
Hi, I hired a real estate agent to lease out my house. The agent found a tenant and I signed the lease agreement along with the tenant. The tenant never paid any rent after the initial first month and deposit. It turns out that the tenant had an eviction last year and my Realtor did not run a credit report. The Realtor approved the tenant by a character judgment based on the personal property that the tenant had (expensive cars, watches, etc.). I had to go through an expensive eviction proceeding (not to mention 3 months without rental income) and the tenant damaged my home which will cost me over 15k to repair! Do I have any legal recourse against the Realtor and if so, what would be my chances on winning? Thanks The contract is a standard National Association of Realtors lease listing agreement for Southern California. It does not state that a credit report must be performed, but it states that the Realtor will perform due diligence in finding a tenant.
Public Comments
- You could file with the CA Realtor Board a compliant however from your description I doubt you would have any legal recourse. Look up Peggy Francis Realtor in San Jose. CA; she is a broker and property management owner, she knows the laws and procedures. You can google her, she will come up just by googling her name.
- Do this call the real estate commission and file a complaint. They work for the public good and they will determine if you are right or wrong. If you are right court is not nessesary because the Realtor has Errors & Omissions insurance. E&O will settle it before it goes to court - but make sure you file a complaint.
