It takes a lot of effort to buy a property in California. The last thing you want to discover is that your real estate agent misled you. It is understandable if you are feeling frustrated. Here is what you need to know before you seek legal recourse.
What does California law say?
According to California law, selling a property using deceit or misrepresentation of facts is illegal. Your real estate agent may have violated this law if they:
- Claimed something as a fact without proper verification
- Intentionally concealed a material fact to mislead you
- Made a promise just to close the deal, with no intention of keeping it
- Lied to you to trick you into buying
The court may hold your agent liable if they did any of the above.
What may not amount to fraud?
In certain circumstances, the court may not hold the real estate agent liable. Especially if the alleged fraud is:
- Expressing a general opinion or sales puffery
- Conveying personal opinion about the property
- Relaying information that the agent reasonably and honestly believed to be accurate, when the circumstances did not impose a duty to independently verify or disclose contrary information
California courts will check all these things before determining whether an agent’s actions crossed the line into fraud.
Build the paper trail
Holding your real estate agent accountable starts with building a paper trail. For that, you have to document every piece of communication between the two of you – written records, text messages and official property disclosures. This can help you build a strong case against them when you pursue a civil claim with the help of an attorney experienced in real estate law.