What recourse do I have against my realtor/broker for violating the code of ethics; breaching confidentiality; divulging personal information without my knowledge or consent that put me at a disadvantage with buyer and their agent; advising me to move out of my home ("empty homes sell faster"); telling me NOT to pay my mortgage or HOA (said I "would never get that money back" and mortgage went into foreclosure costing me over $10,000 in fees and legal costs; HOA put a lien against me); tried to buy my home from me (the offer was low and sketchy she wanted a 6% commission on the transaction and wanted us to carry the note); ridiculed me to a buyer agent whose client put in an offer; bad at keeping us informed; never completed appropriate paperwork; put the key under the doormat; and more...
You can sue him/her for breach of the fiduciary duty that an agent owes the principal and any additional grounds that your attorney sees fit under the circumstances. As litigation can be very expensive, I would advise that you thoroughly start putting together evidence substantiating the alleged breach and documenting your damages in order to effectively prove your case.
If you can prove that you have suffered actual damages as a result of following advice that was wrong, you may bring a civil action for breach of the fiduciary duty that an agent owes the principal (you). Proof of actual damages for each respective violation is key, because not every offensive act means the offended person gets to collect money as a result. You will probably need to employ an attorney for the purpose and expect to pay significant attorney fees and costs. If you wish to file a complaint with the licensing board that is a personal option that will produce no economic benefit for you but arguably some personal satisfaction.
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.
This sounds like a terrible situation for you. This sounds like something that may have occurred during the economy recession as many people confronted this issue then. When this took place is a vital question because there may be statutes of limitations that bar your claims. You should check that out with an attorney with experience with claims against realtors.
You should also consider filing a complaint against this realtor with the Arizona please review the link I have provided to the Arizona Department of Real Estate.
I agree with Mr. Poulos. However, my experience has been that the Dept of Real Estate tends to protect its own. There is probably language in your contract with the agent purporting to relieve the him/her of any liability, but if all that you say has actually happened, I do not believe that contract language will protect the agent.
