Is there any legal action I can take against my real estate agent who is engaging in unethical business practices?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption