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Home Buyers Beware!

Not too long ago, a home owner purchased a home using a broker. After the sale, the homeowner discovered defects in the home that had not been disclosed prior to the sale. So, the homeowner decided to sue the seller and her broker for their failure to disclose their alleged knowledge of the defects.

Unfortunately for the homeowner, the district court granted the broker summary judgment (meaning the homeowner lost the lawsuit). However, the broker, having had to defend the action, then sued the homeowner for their attorneys fees since the real estate contract the homeowner signed provided that “should any aspect of this agreement result in a dispute, litigation, or settlement, the prevailing party shall be entitled to an award of reasonable attorney fees and court costs.”

The lesson that should be learned here is that you always want to have a competent attorney review any and all legally binding documents that you may sign before you sign it. To assist in these types of reviews, contact YOUR Taos Attorney by clicking on the Contact link above to schedule a consultation.

 
Town Attorney
Town of Taos 1990-1994
County Attorney
Taos County 1995-1998
Board Member
NM Supreme Court’s MCLE:
1992 – 1997, 2001 – 2005, 2010 – 2017
Board Member
NM Municipal Attorney Association:
President: 1993 - 1994