An agent acting on behalf of both the buyer and seller walks a thin line, but ALWAYS has a fiduciary responsibilty to the SELLER. Your interest are secondary. The precise nature of a dual representation should have been disclosed. While its legal, I would never allow it. If the realtor had any knowledge of insect damage, or requested that a part of the property be excluded from inspection, he/she may be liable for damages you incurred. The extent of the damage suggests that this problem would not have been unknown to the seller. Their failure to disclose a material fact (expensive repair / insect infestation leaves them liable.
Unfortunately, you now need a real estate attorney. DO NOT try to deal directly with the realtor or title company at this point. This is no longer a real estate transaction, this is a lawsuit. You are being ignored by all these people because the next logical step is a lawsuit, and none of these guys wants say anything that could further compromise their position or involve them as knowing participants in this fraud /deception, that left you holding the bag.
You will most likely recover all the costs of repair and some legal fees. But quit wasting time. Get a referral to an attorney today. |
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