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  1. #1
    Join Date
    Mar 2012
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    1

    Default Real Estate Agent Sells Wrong Property

    My question involves real estate located in the State of: NC

    Real Estate agent ("A") sells a house and a short-cut to buyer ("B").

    The short-cut is across several other properties (P1, P2, P3, P4).

    Real Estate agent knew (self-admitted at trial) that the short-cut was not owned by the seller, but was an attraction for the buyer.

    The short-cut was also the recognized construction entrance for a new house on one of the properties crossed (P2).

    P2 discontinued construction, until the ownership issue was settled, due to threats of violence and risk of loss.

    Court settled that "B" had no right to the short-cut and awarded costs and attorney fees to P1 (Who "B" had sued for access)

    P2 feels harmed by the lengthy delay and arrangements to circumvent the problem.

    P2 feels there is a claim against the Agent "A" . . . for damages, due to the fraud . . . particularly since the agent's actions were reckless and the buyer "B" had relied upon the agent's representations.

    Does P2 have any claim against Agent "A"? If so, for what? . . . How do you measure the cost of delay and aggravation?

    THANK YOU!

  2. #2
    Join Date
    Jan 2006
    Posts
    28,298

    Default Re: Real Estate Agent Sells Wrong Property

    How do you measure the cost of delay and aggravation?
    In dollars.


    When your teacher gives you the answer, please post back here so we all know. Thank you.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Real Estate Agent Sells Wrong Property

    How did the properties get relocated from Virginia to North Carolina?

    While it is nice that you have identified a state, as laws vary by state it does not help when you identify states at random.

    Also, you've not given even the slightest hint as to why this shortcut is important, or how you are impaired by not being able to use it (other than voluntarily delaying construction of your home).

  4. #4
    Join Date
    Sep 2010
    Posts
    10,315

    Default Re: Real Estate Agent Sells Wrong Property

    Real estate agents don't "sell" property, they advertise and facilitate the sale.
    The sale takes place in the form of written contracts and deeds.
    There's no legal term as a "short cut." Absent an easement or agreement of the property owner of permissive use, the access does not exist.
    Permissive use usually isn't transferrable and can be revoked at any time.

    What "TRIAL" are we talking about.

    If it's going this far, you should be dealing with a lawyer regardless of which party you are in this mess.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Real Estate Agent Sells Wrong Property

    The thread linked above indicates that some four or five years ago (maybe longer?) he bought a vacant property in Virginia that had a short cut ("driveway") across a neighboring parcel and found out, after buying the lot, that the access was permissive. He sued to establish that permissive access as his "driveway". There is an actual road providing access, but his claim was that the road was overgrown (apparently the core of his argument to try to establish some form of prescriptive right) and thus that he should be able to maintain access over the "driveway"; the other neighbors stated that they had no problem using the road. Back then, all of this was happening in Virginia.

    From what we now learn, the judge denied his claim and apparently concluded that the action was frivolous (no other explanation has been provided for the attorney fee award, and that's the most common one).

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