So your real estate agent was a little flexible with the truth when selling your property. Many salespersons colour the truth in selling property, but there is point at which colouring the truth gives way to misrepresentations that the buyer relies upon. Your first instinct upon learning of this misrepresentation from the aggrieved buyer is that they should talk to your agent. You were the seller, the sale is done, and if the salesperson made a misrepresentation that’s an issue for the buyer and salesperson. You’re not liable. Right?
Wrong. You are responsible for the negligence and wrongful acts committed by your agent in the real estate transaction. Thus, you can be liable for your real estate agent’s misrepresentations in the real estate transaction, even if you were not aware of the misrepresentation.
Since you’re liable for your real estate agent’s conduct within the scope of the real property transaction you should hire a real estate agent who understands the law. To start, try avoiding low-producing agents who are desperate to close a sale. Agents who live-or-die on your transaction may take risks with disclosures or "colour the truth" when representing your property.
This article is written by Adam Garcia, a real estate agent and attorney based in Santa Rosa, CA. Adam frequently writes about California real estate law and regulations affecting real estate brokers and salespersons.
