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Old 09-25-2006, 03:26 PM
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Join Date: Sep 2006
Posts: 1
Default agent & broker decided not to disclose material fact

We purchased a home in a subdivision with a beautifully landscaped burm beside it from the first owner of the property. We were informed verbally by our realtor that a highschool would soon be built next door. The seller's realtor did not tell our realtor anything about the school; he knew from being familiar with the area. He also told us that behind this burm, there would be the high school's sports fields. 2 weeks after closing, construction crews paved a driveway through the burm leading to the new highschool. Upon questioning our realtor, he called the selling realtor who said "I spoke to my broker and we decided it wasn't a material fact and we didn't have to disclose it." The seller's real estate agent and broker decided that the high school driveway situated next door to my house was not a material fact.

I have tried to sell my house, but received no offers. I would like to sue the seller, realtor and broker to pay the difference of the property value decrease that I'll have to accept as well as my closing and moving costs.

The high school just opened a few weeks ago and the traffic on my narrow street has increased tremendously. A drop off line has formed infront of my house each morning and in the afternoon, cars are lining the street waiting to pick up their kids. No one will want to buy my house for fair market value.

I don't have thousands of dollars to retain a lawyer. I'm sure the agent and broker were counting on this when they decided not to disclose the driveway. What are my options? Can I sue myself? Can I hire a lawyer on a consultation basis and pay as I need information? Do I even have a case at all?

Last edited by mommyvenice : 09-25-2006 at 03:29 PM.
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