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Something similar happened here and the agent ended up having to pay a settlement to the client and got their license revoked or suspended.. I can't remember which.. I heard about it from a lawyer in an ethics class. Bottom line.. talk to attorney, that's really the only thing you can do at this point to have any possibility of getting anything from the agent. When you hold a real estate license, you are held to a higher standard as the general public and can't just *********r clients over. That was basically the gist of what the lawyer said.
You need a real estate lawyer who is also a litigator. Many r/e lawyers never set foot in a courtroom, except as expert witnesses, so ask about that.
Excellent point!
I would absolutely consult a good lawyer. An initial consultation won't cost you an arm and a leg and although you don't have a written contract you may well have enough with the evidence you have to support a claim. Good luck!
Our state has special laws for people doing foreclosure workouts so that those people don't take advantage of homeowners. That guy would have been in big time violation of our laws. Check to see if your state has something similar.
Court case and bad feelings aside....... even if this friend was never involved...... was keeping this home a real possibility anyway? Sounds like it was headed to foreclosure no matter what you did, to be bought by anyone. You don't get to keep your house in bankruptcy, it only delays foreclosure a little more.
In NC, oral contracts are binding. If you have voicemails from him that give any details of these offers, they can be used to back up what you are saying. Also, any notes you may have taken can be used. you definitely need a contract litigator.
A few clarificationsand a question!! Let's call me Freind agent X.Agent X was not representing me. He was buying an home from auction the seller was the bank. His offer to me was don't do anything to delay this porocess and help me prepare the house for sale ( work irk with trades and fix up house) then when the house is sold we would split the proceeds and my end would be about 60%. My lawsuit would be a breach of contract. His lawyer is going to claim this was a real estate deal, and in NC real estate transactions must be written. If this was a real estate deal. Agent X was the seller. He hired another realtor to sell the house. What would my role have been called in the deal. Am he is not getting a commission for the sale how is my deal with him be considered a real estate deal?
In NC after auction during the 10 upset period I would have filed bankrupcy stoping the forclosure process. And in mid Oct. which I was coming into significant amt of money from the sale of my business which has happened. Then I pay out the bank stop the bankrupcy and sell my hone properly.
What would my role have been called in the deal. Am he is not getting a commission for the sale how is my deal with him be considered a real estate deal?
The only word I can think of to describe your role would be "gullible."
Your best advice still is to consult an attorney. None of that stuff about selling the business matters right now because you were AT AUCTION. Unfortunately that is all "woulda shoulda coulda."
Please find an attorney today so he/she can help you sort out the details and see if you have ANY recourse at all.
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