Beaumont Real Estate Breach of Contract Lawyer
If you are involved in a breach of contract dispute with a real estate agent, whether the agent represents you as the seller or the buyer, you may have a legitimate reason to sue this broker.
Breach of contract law in Texas is complicated. Tony Malley, a Beaumont breach of contract attorney as well as a licensed real estate broker, is knowledgeable of real estate law in Texas and may be able to help you file a claim. He has represented many clients in breach of contract disputes. Sometimes he represents the person filing the real estate claim. At other times he may represent the person being sued.
If you have questions about the actions of a Texas real estate agent, you should contact Mr. Malley for help. Because every case is unique and comes with its own set of facts, Mr. Malley will evaluate the details of your case and will advise you on the best way to move forward.
Types of Real Estate Breach of Contract Claims
Mr. Malley has represented several couples and individuals in claims against agents who agreed to contract modifications without obtaining their approval. Examples include:
- Mr. Malley represented a man who contracted to buy a home with third party financing. The buyer's agent changed the contract to a cash offer and moved the closing date sooner, based upon a phone call from someone other than the buyer. The buyer (the plaintiff in the case) had no knowledge of the change to the contract. The title company received the contract and scheduled the closing without ever speaking with the buyer.
- Mr. Malley represented a married couple who made an offer to purchase a home. The buyer's agent accepted the seller's counteroffer (which was a higher purchase price) and changed the contract without talking to the buyers first.
A real estate agent should never assume the role of power of attorney; employment as a real estate agent does not give the agent the ability to sign contracts or agree to contract modifications on behalf of the client. At the end of the day, all final decisions are up to the client.
Real Estate Failure to Disclose
Texas Property Code, Section 5.008, describes the obligations of the seller when disclosing the condition of property. If the realtor representing the seller is aware of misinformation provided about the property, the buyer may sue the realtor for breach of contract. The same holds true if the buyer's agent withholds facts or misrepresents conditions of the property.
For example, Mr. Malley filed a claim on behalf of a woman who purchased a home that was destroyed by termites. The claim was brought against the buyer's agent, who knowingly failed to disclose information (from her own client) about the existence of termites and the damage they had already done.
The seller must complete and sign a form, disclosing all known problems with the property. The form asks many questions of the seller, who has to respond by answering "yes," "no," or "don't know."
Examples of questions on the form include:
- An exhaustive list of items the property contains, from kitchen appliances, to heating and air conditioning equipment, to fireplaces and an automatic lawn sprinkler system
- Smoke detectors (required by Chapter 766 of the Health and Safety Code)
- Defects in the structure of the home, its plumbing and electrical systems, lighting fixtures, and sidewalks to name only a few
- Insect and termite infestation
- Drainage problems
- Hazardous or toxic waste
- Lead based paint
- Aluminum wiring
- Previous fires
Schedule a Consultation to Discuss Your Circumstances
If you feel that a Beaumont real estate agent, whether representing you, as the buyer or the seller, breached a representation contract, you should schedule a consultation with Mr. Malley to find out if you qualify to pursue damages by filing a claim. To learn more, contact a Beaumont real estate lawyer today.