Successfully buying property both as a professional and nonprofessional hinge on the accuracy of information provided by realtors and brokers. However, when one of the realtors or brokers in a transaction misrepresents something to the seller, they the real estate deal can often sour.
Unfortunately, sometimes, these misrepresentations are not always discovered prior to the sale of the property, and buyers may want to seek recourse against those misrepresenting professionals. In Ohio, misrepresentation by these licensed professionals could warrant legal action from the buyer.
Regulatory punishments
Ohio law is unequivocal: real estate licensees found knowingly misrepresenting may face disciplinary measures. Misrepresentation occurs when false information or crucial facts are withheld, leading to ill-informed decisions. Ohio Revised Code, Section 4735.18, outlines potential disciplinary actions against real estate licensees for misrepresentation and other violations, serving as a pivotal reference for real estate professionals’ obligations in Ohio.
Can I sue my realtor or broker if they misrepresented a property?
Yes. However, it is not always easy or straightforward. The case of Nieberding v. Barrante (8th Dist. Cuyahoga No. 110103, 2021-Ohio-2593) showcases the intricacies of such legal battles. Despite claims of undisclosed property defects, the court favored the defendants, which highlights the challenge that buyers encounter in proving misrepresentation. Specifically, misrepresentations must be material matter.
Addressing property defects
Both concealing defects and misrepresentations could lead to liability under Ohio law. Residents that suspect misrepresentation in property transactions can sue for damages if the misrepresentation was material to the real estate transaction.
Conclusion
Misrepresentation in real estate deals is a grave concern. Ohio residents hold the right to pursue legal remedies if impacted by such practices. Understanding the legal landscape is crucial in navigating these intricate scenarios.
