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Updated over 6 years ago,
Help! Looking for legal advice after agent damages property...
I am looking for some advice. I recently relocated after separation from the military. After my tenants moved out, I opted to list my primary residence with a local agency. I just don't have the time or money to work with a long distance rental unit. The home had been on the market for approximately 80 days. I had just accepted a full price offer. That same day the offer was signed, another agent from the same office held an open house (without our explicit consent, post offer acceptance). A prospective buyer used a toilet and left it running. The agent did not notice the running water and it continued to run for the next 4-5 days. The toilet failed causing a large amount of water damage. Ironically, the leak was discovered by the potential buyer's home inspector a few days later. For obvious reasons, the buyer opted out of the contract. I am working through the insurance claim now. I'm looking at a deductible, holding costs and a new listing after the repairs are complete. My agent claims that the buyer does not have to share the inspection report with us and can opt out for any reason during the option period. My agent has since gone completely silent and has been little to no help.
Lesson learned. Turn. Off. Water.
My assumption is that the listing broker/agent is withholding the report from us for their own protection. I have not moved forward with any legal action at this point. My primary concern is repairing the home and re-listing it to minimize holding costs.
Does anyone have any experience with this sort of event? What is the best course of action? Does this warrant any type of civil lawsuit? Any suggestions would be greatly appreciated.