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I really want to do something and quite frankly think I deserve some type of compensation for the outrageous and hurtful conduct of my realtors. I do not even know where to start and the process seems so overwhelming. Here is my story and I will try and keep it short. After my home was sold my realtor sent out a flyer with a photo of my home and the address of the home that I had lived in for the prior 30 years and raised my children in stating that people should hire them because they had just closed there toughest sale ever that they had to deal with foreclosure issues, medical issues, a bankruptcy, a divorce situation with major problems and disagreements, minimal family help, limited financial help, Legal disagreements over assets. and then it stated that they came up with a plan and closed the deal and people should hire them. They them sent these flyers all over my neighborhood and who know where else. My phone started ringing off the hook from friends and neighbors it has been more that embarrassing and degrading. I did not even have a sign put up in front of my home as I did not want people to know my business and then they do this.I was a active and upstanding member of the community for 30 years PTA President, Board of Directors Little League , Owned a Business in the area and much more. I did not act on it at the time as my life was such a mess and really did not know I had any recourse but it has been a year and a half and I am still running in to people that are talking about me and my business because of this flyer. Any help or advise would be appreciated.
The only thing I will comment on is you saying you wanted to file an ethics complaint. An ethics complaint must be filed within 180 days of finding out what happened. It's been 1 1/2 years, so you're beyond the time frame in doing anything about ethics.
That doesn't mean you wouldn't potentially have a valid case against them in civil court. I would contact the Broker and see what they have to say to help remedy the situation. You might need to do Arbitration or Mediation.
I really want to do something and quite frankly think I deserve some type of compensation for the outrageous and hurtful conduct of my realtors. I do not even know where to start and the process seems so overwhelming. Here is my story and I will try and keep it short. After my home was sold my realtor sent out a flyer with a photo of my home and the address of the home that I had lived in for the prior 30 years and raised my children in stating that people should hire them because they had just closed there toughest sale ever that they had to deal with foreclosure issues, medical issues, a bankruptcy, a divorce situation with major problems and disagreements, minimal family help, limited financial help, Legal disagreements over assets. and then it stated that they came up with a plan and closed the deal and people should hire them. They them sent these flyers all over my neighborhood and who know where else. My phone started ringing off the hook from friends and neighbors it has been more that embarrassing and degrading. I did not even have a sign put up in front of my home as I did not want people to know my business and then they do this.I was a active and upstanding member of the community for 30 years PTA President, Board of Directors Little League , Owned a Business in the area and much more. I did not act on it at the time as my life was such a mess and really did not know I had any recourse but it has been a year and a half and I am still running in to people that are talking about me and my business because of this flyer. Any help or advise would be appreciated.
Start making phone calls. Start with the realtors broker. I also recommend the real estate commission of the state you live in. First make a copy of the add and whatever other evidence you have.
I just cannot believe that someone would be so unkind like that. I would suggest starting with a call to the agent's broker. If you don't get anywhere with that. Call your local Realtor board. If you don't get anywhere with them or the agent is not a member of the board then try your local real estate licensing authority.
A person like this does not deserve to work in this industry.
Oh, no, that just makes me heartsick. I would have been humiliated, too, to have my personal issues spread all over the neighborhood like that.
I hope that agent has an opportunity to make it right with you. Article 1, Line 1 of the REALTOR Code of Ethics: "When representing a buyer, seller, landlord,tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client." I do not see where airing your dirty laundry to the whole neighborhood is protecting or promoting your interests.
Out here you would just file a complaint with the state licensing committee for breach of confidentiality.
And, here in NC, confidentiality survives the agency relationship.
I.e., we don't have the right to blab that stuff out publicly just because the deal closed.
We DO have the responsibility to divulge such confidential information to a future client, if it is in any way material to another transaction.
Smarmy, smarmy agent. Truly disgusting.
I would consider stepping right past the broker and filing with the state, or even just getting legal counsel and seeing about proceeding with a civil case.
Very poor taste for sure. Check the CA REC website. Often you can just fill out a form and submit it and from there the state will take it from there. Pretty simple. If you have a copy of the flier it would be helpful. Civil Court as someone earlier suggested could also be an option.
And, here in NC, confidentiality survives the agency relationship.
I.e., we don't have the right to blab that stuff out publicly just because the deal closed.
We DO have the responsibility to divulge such confidential information to a future client, if it is in any way material to another transaction.
Smarmy, smarmy agent. Truly disgusting.
I would consider stepping right past the broker and filing with the state, or even just getting legal counsel and seeing about proceeding with a civil case.
Not just NC. If the agent is a REALTOR, SOP 1-9 spells out that the obligation to keep confidential info from being released survives even after the relationship is over.
Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information (as defined by state law) provided by their clients in the course of any agency relationship or non-agency relationship recognized by law continues after termination of agency relationships or any non-agency relationships recognized by law. REALTORS® shall not knowingly, during or following the termination of professional relationships with their clients:
reveal confidential information of clients; or
use confidential information of clients to the disadvantage of clients; or
use confidential information of clients for the REALTOR®’s advantage or the advantage of third parties unless:
a) clients consent after full disclosure; or
b) REALTORS® are required by court order; or
c) it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or
d) it is necessary to defend a REALTOR® or the REALTOR®’s employees or associates against an accusation of wrongful conduct.
Information concerning latent material defects is not considered confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01)
How incredibly stupid really. If you saw an add like this would you want to call this Realtor and be treated the same way?
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