Appellate Practice Attorney serving New York, NY
Did you pay the agent any money during this time period? Can you prove that, if the agent had listed the property correctly, you would have sold it sooner? Did you pay any additional money during the extra period when you were carrying the house which you did not get back (I'm thinking of extra mortgage payments, which you got back when you sold the house because the amount of the mortgage you had to pay off had been reduced). If so, you may be able to recover some damages for the money you paid, and/or for your extra costs in carrying the property for the extra time, but it will not be easy to prove that the house would have sold sooner if listed properly, and the amount of money is probably not a lot. You might be able to recover more if you can prove that you would have been able to sell at a higher price if the house was listed earlier, but, even if you believe that to be the case, it will be very difficult to prove.
Answered on Feb 11th, 2013 at 5:32 PM