If a realtor/broker blatantly breaks their contract as a dual agent clearly representing one side can we get the money she made off commission returned to us?

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If a realtor/broker blatantly breaks their contract as a dual agent clearly representing one side can we get the money she made off commission returned to us?

Our realtor disclosed to the buyer who
she also represented that we accepted
an offer we had not told her we
accepted. We have written proof. She
was clearly not our agent and was acting
solely in the interest of her
multimillonaire buyer client. Is it
possible for us to get the commission
she made off the sell of our home for
breaking our contract?

Asked on April 18, 2019 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you most likely cannot. The civil legal system (e.g. lawsuits, since you'd have to sue her for anything she does not voluntarily choose to return to you) provides compensation for losses you suffered. If you sold the house, you suffered no harm, since you by definition accepted the offer and agreed to it, since you could have refused the offer and refuted your realtor's statement if you chose--the realtor cannot bind you against your will. You could have refused to sell, no matter what the realtor said. In choosing to sell, you showed that you agreed to the offered price. Not having suffered any harm, since you sold your house for an offer that you did ultimately decide to accept, you are not entitled to compensation for any loss, since you suffered no loss.


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