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Can I litigate another Realtor for stealing my sale?
Anonymous6 views3 answers
I'm a realtor, I show a property to a client that contact me trough Trulia. I show him 3 properties, he likes one and was going to talk to wife to submit an offer. Next day I try to talk to him or wife none of them answer the phone or answer text MSG., the 2nd day I check the same house and is Pending.
He told me that he had a Realtor before but she's an hour away and is difficult for her to show, that's why the wife contact me to show but he told me this on the last house I show to him.
That's it, now I have the feeling he talk to the other Realtor and my client is buying the same property with that other realtor, can I litigate the other Realtor?
To me, we have a moral code to comply and is not steal others Realtors investment , their job done with a client and time invested.
Possibly, but not a strong argument unless you can prove that you were the procuring cause on the transaction; and if it actually closes. Procuring cause is said to occur (outside of an exclusive listing agreement which is not present here) where the agent 1) initiates negotiations by doing some affirmative act to bring the buyer and seller together, and 2) remains involved in any continuing negotiations between the buyer and the seller, unless they intentionally exclude him or her. This is the more recent case law from the FL Supreme Court. You were not involved in any negotiations but merely showed the property; so neither 1 or 2 apply. Your case is likely very weak to prove you were the procuring cause of the transaction, again, if it actually closes. You have no cause of action unless the sale closes to being with, even if you had a strong case which I personally do not believe is this situation.
There is an ethical code that realtors are held to. However, not all real estate agents are realtors, so you can explore that as an option if the agent was a realtor. In regards to the commission, a listing agreement is between the seller and the listing agent, only upon written contract with another agent, does there become any obligation to pay a commission to a buyer's agent. In this instance, the only way you would be entitled to recover any form of commission is if you have an agreement with the buyer that you showed the property to. Without such a form, that guaranteed you an exclusive relationship with the buyer, you do not have a claim to be paid a commission under the set of facts you provided.
Probably not. If the other agent is also a Realtor you must arbitrate any disputes according to process established by your Board of Realtors. This also demonstrates why you should consider using buyer broker agreements.
