Posted by John on August 12, 2005 at 23:50:06:
Hey River city
It is the new american way. Always find someone to blame things on. Don’t you know there is No personal responsibility anymore. I think it is taught in schools now.
Yesterday it was my fault my teenage daughter overslept a doctors appointment at 11am and I went to work at 7am
Go figure
Realtor legal liability - Posted by Michael Bonfield
Posted by Michael Bonfield on August 11, 2005 at 12:24:14:
If a realtor recommends a contractor to a homeowner, not necessarily a client and there is a problem with the contractor, is the realtor liable or possibly liable?
Re: Realtor legal liability - Posted by John
Posted by John on August 12, 2005 at 13:00:12:
I think it would really be a stretch making any kind of claim against the realtor for anything done by the contractor…UNLESS the realtor got a silent kickback, or some other unseen & undisclosed compensation for the referral, or unless the realtor knew or should have known (legal test) that the contractor was really a lousy bum and would likely screw up the job.
This is just exactly the reason so many professionals won’t refer anybody to anybody-some nut wanting later to sue everybody for everything !
Re: Realtor legal liability - Posted by Jimmy
Posted by Jimmy on August 12, 2005 at 11:06:41:
Probably Not. However…
Attorneys and Accountants can get into trouble, in certain circumstances, when they refer clients to other professionals, and the referrals work out badly. I am not sure of this extends to realtors.
If there was NO contractual relationship between the realtor and the client, I think the answer is NO, absent fraud, intentional misrepresentation or conspiracy. In other words, if the realtor made a good faith referral to a contractor, and there was no kickback arrangement, and the realtor had no reason to anticipate the problems that evolved, the realtor should be in the clear. He or she had no obligation to the non-client, and there is no liability.
If the realtor was HIRED by the client, the answer may be different. If, under the circumstances, the client looked to the realtor for advise and counsel on (a) identifying necessary renovations and repairs to improve the saleabilty of the house, and (b) identifying reputable contractors, then maybe, just maybe, the realtor could have a problem.
Like I said, this can be a problem for attorneys and accountants, where clients routinely look to them for advise and counsel on business/financial/tax issues. People don;t usually engage realtors for advise and counsel. They engage realtors for a transaction.
Good Luck
Re: Realtor legal liability - Posted by River City
Posted by River City on August 12, 2005 at 07:03:43:
Why isn’t the homeowner responsible for his/her own decisions? Generally, realtors do not recommend someone unless the homeowner asks them for a recommendation. Why is everyone always looking for someone else to blame for their decisions?