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Builder/Realtor rip off


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#1 Pleasehelp379

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Posted 22 January 2013 - 11:16 AM

Would it be something an Attorney would be willing to go after if a realtor referred you to a builder and the builder goes out of business and doesn't fulfill the contract and takes your down payment? The realtor has errors and omissions insurance coverage, could someone explain why no Attorney’s would even look at the case? We had to pay for a lot of things because of this happening.

#2 Guest_FindLaw_Amir_*

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Posted 22 January 2013 - 11:28 AM

Sounds like you have a lot of questions on this topic. Have you considered signing up for LegalStreet. You can ask all of your questions to a local lawyer for less than $13 per month and also get discounted legal representation to address your specific concerns.

#3 adjusterjack

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Posted 22 January 2013 - 09:36 PM

Would it be something an Attorney would be willing to go after if a realtor referred you to a builder and the builder goes out of business and doesn't fulfill the contract and takes your down payment? The realtor has errors and omissions insurance coverage, could someone explain why no Attorney’s would even look at the case? We had to pay for a lot of things because of this happening.


Simple answer.

You don't sue somebody because they have insurance, you sue them because they are liable.

I don't see that the realtor's referral necessarily makes him liable for the builder's breach.

You're making the same mistake that a bank's customer makes when he wants to go after the bank when a criminal forges a check and the bank cashes it. The criminal (who is responsible) is in the wind and/or has no money and the bank (not responsible) is right there with plenty of money.

That's why lawyers won't take the case. They know they won't win against the realtor and if they win against the builder it's likely a win against an empty pot.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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