QUESTION

Can I sue a property broker company for fraud?

Asked on Nov 15th, 2012 on Residential Real Estate - Nevada
More details to this question:
I recently moved out of a rental property and found out that the property broker company that I paid rent to doesn't have a permit to conduct property management services in Clark County, Nevada. In the time spent in the residence, the company continuously used an unlicensed repair company to service the residence at my expense. The repair work was faulty and didn't last 2 months.
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1 ANSWER

R. Christopher Reade
If you suffered damages which were proximately caused by breaches of the Lease Agreement and/or negligence by the Landlord or Property Manager, you may have a claim for relief against each of the on those bases.  For example charging you for defective repair work (whether licensed or not) could be the basis of a claim. The lack of proper licensure from the Nevada Real Estate Division for the Property Manager (or Nevada State Contractors Board for the repair company) may be relevant evidence of incompetence; however lack of licensure did not cause the damages for which you would assert a claim and does not give you a right to recovery absent damages.  Likewise you may have the ability to report the Property Manager to the Real Estate Division for investigation of the action of the Property Manager, which could subject the Manager to administrative fines.  However the predicate to a compensable claim is (a) a duty owed (whether in contract or under common law); (b) a breach of that duty which (c) causes you damages.
Answered on Nov 15th, 2012 at 8:34 PM

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