Is there any legal action I can take against my real estate agent who is engaging in unethical business practices?
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Is there any legal action I can take against my real estate agent who is engaging in unethical business practices?
We made an cash offer for a house at $500 more than the listed price, because our agent told us there is a competing offer. The deal is to be closed in a month because the house is still under construction. Yesterday we got an email from our agent, in which she has mistakenly attached her behind email with the listing agent. In that email, she explicitly stated the discussion not to be known by us. Specifically, she asked the listing agent to give us a “slightly” better light fixture and in return, she will make us accept no more expensive items like backsplash, etc. + some nasty words against us.
Asked on November 3, 2010 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You could possibly sue her on one or more grounds:
1) First and foremost, breach of contract; a realtor has to use her best efforts to sell the house and represent her clients, and also all contracts require good faith from their parties; she is evidently showing neither best efforts nor good faith, and also is trying to circumvent or sabatoge your instructions.
2) Defamation, if the realtor has made negative factual assertions about you to the other agent, which damage your reputation.
3) Possibly breach of a fiduciary duty--some professionals (e.g. lawyers, insurance agents) are considered to owe a duty to their clients to put the clients' interests first; its possible such a duty, and therefore breach, might be found here.
It may well be worthwhile discussing the matter with a local attorney, who can evaluate the communications and the situation and advise you as to strength of your case, what it might be worth, and what it might cost to pursue it.
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