Hello, I have a home for sale in AZ for $169,000. The Dual Agent is representing both me and the Buyer (I now realize how bad Dual Agency is). Buyer offered $159,000 AS IS, for the home, pending his Home Inspection & Structural Engineer results. Being that I don’t reside in AZ, the Agent and I agreed to communicate through email. It’s only due to the extensive number of emails (which contain a wealth of quotes, comments, and details), that I can PROVE the following:
My Agent blatantly favored/consistently sided with and defended the previous Buyer. The Agent was working on the Buyers behalf. Based on the content of the emails, it’s clear that she was doing everything in her power to wrap up a sale that REALLY favored the Buyer financially. The previous Buyer had his associates look at my home and claim that it had “major structural and electrical issues” which were complete LIES/EXAGGERATIONS.
The Agent repeatedly tried to “wear me down” by making negative comments about my home, repeating that it had all kinds of “major issues” along with one of the Buyer’s comments which was “Who knows what a full Home Inspection will reveal?” She kept chipping away at my home’s solid profile---I have SO MANY examples of her comments that it makes me sick when I review the information. They include remarks that are condescending, manipulative, ignorant, cruel, impatient, entirely biased toward & protective of the Buyer’s interest and false claims, even cruel remarks that are downright abusive in nature.
After rejecting the Buyer’s lowball offer of $120,000, the Agent was not happy. When I told her that the licensed Structural Engineer (who I hired to make sure the Buyer’s “major structural claims” were legitimate) evaluation was favorable & proved that the Buyer’s claims were FALSE, she replied “Great news. That will help with the next Buyer.” A few days later, after providing her with the full, written Final Analysis from the licensed Structural Engineer, she completely disregarded the results of the report and stated “That’s just one person’s opinion; who knows what the next person is going to say.”
Since that point, she has insisted that “this house can only be marketed to investors because of the “major structural and major electrical issues” even though I have clearly proven to her, in writing, that there weren’t any MAJOR issues that existed. I also have a licensed electrical contractor quote which also proves that the “major electrical issues”, to the tune of $8,000 + claimed by the Buyer were also FALSE. Agent still will not validate that I have proven that the Buyer was fabricating these “major issues.”
Agent now recommends that I list the house at $139,000 and said that I ought to “take any offer that comes in close to the original Buyer’s offer.” She even said that “because
of the condition of the property, she didn’t even think the place would qualify for an FHA loan”! She also stated on more than one occasion that I ought to be GLAD the Buyer’s Engineer didn’t put his findings in writing because if he had, I would be lucky if I got $100,000 for the house.
For the record: The Buyer and his investor are related. The investor was involved in a class action lawsuit a few years back for real estate fraud. He is also selling real estate without a license. Unsure if the investor or Buyer know the Agent personally.
Please, advise me as to whether I have any legal recourse with the various people listed in my post. Thank you times ten for reading this post. Laughter222***As of Nov. 17, 2014, the house has not been sold. I asked the Agent for a bit of time in order to determine how to proceed from this point. The Agent is a Designated Broker/Owner and a founding Partner of her Real Estate Agency. She also has a MBA. Thank you***
Did you sell your property to the investor? You don't have to accept his offer if you think it's too low.
If your real estate agent is not acting in your best interest, it's time to have a talk with her or her broker. You have legal options available to you.
Seek counsel before this gets worse. Let me know if I can help further.
The above is for informational purposes only and is meant to facilitate a discussion. The above is neither intended as legal advice nor intended to create an attorney-client relationship. To create an attorney client relationship, contact David at [email protected] and set up an initial consultation. The following may be considered an advertisement under certain rules of professional conduct.
Dual Agency is sometimes dicey. You do not have to indefinitely deal with your real estate agent. If you sold the property, you may be able to find an attorney to handle a real estate malpractice claim. Hopefully you did not sell the property if you are correct and you should terminate the relationship.
You are entitled to appropriate representation from your realtor, even in a dual agency situation. I strongly recommend that you contact a real estate attorney to discuss cancelling the realtor's listing agreement. The attorney will need to first review the listing agreement, the inspection reports and your all of your email exchanges with your realtor.
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