Peter Mohylsky, Beach Expert, TOP LISTING AGENT ALONG THE BEACH  (PrimeSouth Properties)

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Rainmaker
768,568
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

They are turning everyone upside down to see whose pockets are deepest . . . do we have any more details? And of course the broker is 'all' so even though she wasn't directly the agent, she's got liability if there's a case.

In AZ the statute is 5 years after 'discovery' and they had better prove that they didn't know prior to that point. . .

Nov 15, 2019 10:53 AM
Ambassador
4,446,672
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Not yet, however we all know that lawyers like to throw the mud at a wide audience and see where it sticks.

Nov 15, 2019 10:00 AM
Rainmaker
435,574
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

The team I was on my first 3 years got sued but as soon as we all wrote up what happened and sent our documentation of what happened - the whole thing was dropped.

Nov 15, 2019 09:58 AM
Ambassador
2,910,568
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

my firm was sued many years ago over a lot line dispute post closing.  However when it finally got to court the judge asked the buyer if the agent told him that was the lot line and when he answered "He said while it appears to be a property corner marker to know for sure you  have to pay for a new survey" and the judge dismisse the case.  However our E&O did increase because they were there to defend us.  (see me rolling my eyes at supid lawyers who take stupid cases just for a buck)

Nov 15, 2019 09:50 AM
Rainmaker
3,279,131
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I've never been sued, thankfully. But if she was the broker for the agent being sued it's not surprising she's being sued as well. Attorneys will cast a very wide net in such situations.

Nov 15, 2019 09:16 AM
Rainmaker
4,640,399
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Yes, I have seen this.  The broker is ultimately responsible.  And. the lawyers have a field day, they sue anything in sight that may be related to the deal.  That is why malpractice insurance is so expensive.  We are aware of a case like that, and the agent has passed away, and they are suiing the family too as well as the broker who is now retired...A

Nov 15, 2019 11:01 AM
Rainmaker
790,611
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

If you own real estate or a business you are going to be sued.

To many billboards with attorneys advertising, "Have you ever thought about slipping or falling? Call now!" One even has "Dog bite' on the billboard.

Have I been sued? I owned a commercial real estate brokerage in 1980 and switched to residential in 1999. Did I feel great pain. Yes. Did I pay simply to make folks go away? Yes. Could the plaintiffs have prevailed? NO. But I could not afford to find out.

One residential situation had the buyer, now owner, suing everyone ...I mean EVERYONE because the big water view changed.

Nov 15, 2019 10:05 AM
Ambassador
2,937,975
Anna Banana Kruchten Broker/Owner, CRB, CRS
Phoenix Property Shoppe - Phoenix, AZ
602-380-4886

No.   And yes I can see this happening, depending on the time limit of the state. Lawyers will go after all parties involved. As someone else said - spread a wide net.

Nov 15, 2019 09:22 AM
Ambassador
1,271,154
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

I've been sued twice in my career and neither of which involved the clients actually sueing me directly but instead, in both cases, the judges decided to invite me to the party because "Realtors have E & O insurance"!!  My clients apologized, their lawyers apologized but still, I had to be sued because of the judges.   Thankfully, common sense prevailed and both times I won but it was inconvenient to say the least.  I practiced the one line I wanted to say (You can't handle the truth!!) but didn't get the chance. :(

Nov 15, 2019 12:29 PM
Rainmaker
5,182,349
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

well, when one gets sued, they all get sued.... the deepest pockets are at the top of the list.... and agents don't get served.... the Broker does.... the negligent acts of the agent are binding on the master when done on the master's business and within the scope of the agent's authority.....

they plaintiff is looking at that E & O insurance.... 

 

Nov 15, 2019 11:39 AM
Rainmaker
2,505,346
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

This is how an attorney goes fishing for his client and his business i.e. sue everyone until he gets a bite. The real target is your insurance company who likes to settle and offer lump sums. Second target is you doing the same...

Nov 15, 2019 11:08 AM
Rainmaker
1,275,677
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

*Knock on wood* no.  We have been contacted to supply information in a variety of cases though. 

Nov 15, 2019 09:39 AM
Rainmaker
3,080,398
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I guess it would depend on the specific state laws. And yes when one of my agents made a typo on a sales price. There was an agreed and signed contract with lots of cross outs and initials. The buyers nank wated a clean contract but he left off a 3 as in 399,900. The buyer sued to try and buy it for 99,900. It went to court where the buyer was scorned by the judge and ruled in our favor. 

Nov 16, 2019 04:50 AM
Rainmaker
1,525,320
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

No.  But it's something that is always hanging over our heads isn't it?

Nov 15, 2019 04:12 PM
Rainmaker
1,568,162
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Fortunately I have not

Nov 15, 2019 03:51 PM
Rainmaker
751,721
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Never, but know of other agents that have been.

Nov 15, 2019 02:19 PM
Ambassador
2,259,009
Wanda Kubat-Nerdin - Wanda Can!
Prado Real Estate South - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

Broker is responsible for their agents behavior and actions, she needs to be ready to prove the buyers wrong. Including everyone involved means a better pay day at the end if judge rules for the plaintiff.

Nov 15, 2019 01:27 PM
Rainmaker
830,050
Mel Ahrens, MBA, Kelly Right Real Estate
Kelly Right Real Estate - Hood River, OR
Customized Choices for your Real Estate Needs

Sue everyone, maybe they will settle because it is cheaper than getting it dismissed or a ruling in your favor. 

Over 3 years, the statute of limitations must be up soon.

Nov 15, 2019 12:25 PM
Rainmaker
1,573,974
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

No but I don't think there is a forever time limit.

Nov 15, 2019 12:24 PM
Rainmaker
5,579,262
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Your friend needs an attorney.

Nov 15, 2019 11:26 AM
Rainmaker
425,364
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

The brokerage will always be named in such an action.  I hope your friend has great E & O insurance.

Nov 15, 2019 11:15 AM
Ambassador
4,106,611
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

No I haven't. Sounds like the attorney is going after whoever s/he can

Nov 15, 2019 10:40 AM
Rainmaker
752,640
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

I've never been sued in my practice of real estate. The biggest thing is if your friend's brokerage can overcome the accusation(s). Hopefully your friend and her agent practiced at least reasonable due diligence.

It's not out of the realm timewise from what I have seen. 

Nov 15, 2019 09:41 AM
Rainmaker
4,207,376
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Not yet, and hope that never happens.

Nov 28, 2019 07:21 AM
Rainmaker
3,283,890
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Never have, there must me more to this.

 

Nov 17, 2019 09:40 AM
Rainmaker
469,021
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

Sounds like the lawyers are looking for the deepest pockets

Nov 16, 2019 09:00 PM
Rainmaker
2,843,940
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

HOLY CROW! 

NO! 

Nov 16, 2019 07:46 AM
Rainmaker
3,191,025
Richard Weeks
Dallas, TX
REALTOR®, Broker

There are 2 types of agents.  Those who have been sued, and those who are going to be sued.

I admit 3 years is a long time.

Nov 16, 2019 04:46 AM
Rainmaker
3,420,475
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

If the statute of limitations has not passed, check your E&O policy!

Nov 16, 2019 04:19 AM
Rainmaker
1,716,310
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

3 years later...

What the ....

Nov 15, 2019 09:34 PM
Rainmaker
730,318
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I am guessing she is a broker and the broker is help responsible for the actions of the agent who represented the buyers.

So far...knock on wood...I have have not been sued.

Nov 15, 2019 09:23 PM
Rainmaker
1,273,034
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Wow, after 3 years?!

Nov 15, 2019 09:21 PM
Rainer
502,551
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Thankfully not.  I hope I never do.

Nov 15, 2019 08:20 PM