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Old 04-17-2011, 02:39 PM
 
2 posts, read 4,866 times
Reputation: 10

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My husband and I are separated. He hired this real estate agent to sell our marital home. I had a phone call from the agent 1 day after the court had ordered the house to be sold. I was not home so the person who answered the phone asked her to please call back in one hour when I would be home. I didn't hear from her again and she didn't leave a number for me to call back. Within 5 weeks we were back in court. My husbands lawyer stood up and said, "the realator has tried to contact the defendant a number of times over the past month but the defendant won't answer or return any messages that were left." I was SHOCKED! I told the judge she only called once but I don't think he was listening....
Guess who calls 2 hours after I get home from court? Yes, it's the realestate agent. She says, "Hi, it's (blahblah) calling, I need to set up a time to come measure your house to put it on the market." I right away said, "Why did you tell my husband and his lawyer that you have been continuously trying to contact me?? This is the second time you have called my house." After some beating around the bush from her she said, "ok, I'm sorry I said that, now when can I come see your home?" I told her I would like to speak with her manager. She asked me why and when I told her I had a complaint she said, "No, I don't think I have done anything wrong so no, you can't talk to her!" I said fine, hung up and phoned another agent in another area to get the phone number of her manager. As soon as I was on the phone with the manager I could tell the agent had talked to her already. I told the manager the whole situation and how the lie her agent admitted to telling my husband and his lawyer made me look like I was going against a court order. The manager very coldly asked me what I want. I said I want her agent to tell my husband and his lawyer that she lied and I want an apology from her myself. The manager responded with, "Well, I will talk to her about what you want but I don't believe she lied.....". I knew the manager would not even consider my side so I quickly ended the conversation with her.
I didn't hear anything else from them and NOW, this same realator who LIED about me is suppose to be coming to measure my house later this week. Since this is not a criminal problem (even tho she lied) I can't contact the BBB. Is there anyone who can lend some advice? I am so tired of people walking all over me just because I no longer have a man behind me for support. Honestly, this world is not at all set up for cast off, used up housewives.
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Old 04-17-2011, 03:09 PM
 
11,113 posts, read 19,537,817 times
Reputation: 10175
First of all, if you have gotten as far as a "court order", you each must already have an attorney. You both have to understand the listing agreement fully if because you each have to sign the listing agreement, and one or both owner(s) have to sign the deed when the house is sold.

Do you have an attorney representing you? Every state has different divorce laws and we are not qualified to give you legal advice. These are questions and problems you need to address with your attorney. Realtors cannot answer legal questions, only an attorney can assist you in this matter.
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Old 04-17-2011, 03:11 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,394,522 times
Reputation: 3421
What does your attorney say about all this? Please don't tell us that you went to court without one?

Secondly, you don't want her "manager" you want her broker. Thirdly, the BBB is useless don't waste your time - if you feel you have a valid complaint, call the RE Board in your state and talk to them about your complaint.
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Old 04-17-2011, 03:45 PM
 
2 posts, read 4,866 times
Reputation: 10
Sorry, I should have initially stated that I am in no way looking for legal advice, I'm looking for human advice I have been working my way through the Legal Aid system and after a few frustrating setbacks I am off to see my new lawyer tomorrow. I don't want to go into my legal issues tho, not appropriate. Although I will say that yes, I have gone to court with no lawyer. I was quite proud of myself, standing alongside my husbands lawyer. I had to make sure the court knew of my Legal Aid problems and that I am there and in no way avoiding my responsibilities.

I do feel as tho I have a valid complaint. I have even called the phone company to try and get records of how many times she called my home but they don't keep track on landlines. This isn't a small lie she told, it is effecting me in other areas of my life. I now have more stresses on me in court because she didn't do her job the way she was suppose to and then lied about it. Thaaaank you for the broker advice. I would have never thought of that. I will be giving them a call tomorrow for sure
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Old 04-17-2011, 03:57 PM
 
Location: New York
158 posts, read 523,689 times
Reputation: 158
Can you ask the court to let you use another Realtor? That should be punishment enough for her. Then MOVE ON with your life. Life is too short!
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Old 04-17-2011, 05:24 PM
 
Location: MID ATLANTIC
8,674 posts, read 22,911,833 times
Reputation: 10512
Quote:
Originally Posted by cobble View Post
Can you ask the court to let you use another Realtor? That should be punishment enough for her. Then MOVE ON with your life. Life is too short!
First, have you signed a listing agreement?

You need to have your new lawyer address this immediately. I am not an attorney, but I'm divorced, does that count? Seriously, if this woman has already lied to your husband and his attorney, what else is she going to lie about? You should not have to put up with an adversarial individual in your home and 24/7 access to your home. You need someone that recognizes they work for both you and your soon to be ex.

I think your instincts are dead on -

Remember, you are also a seller. Insist on the respect, accept nothing less. If your attorney wusses (legal term) out, write his attorney a letter stating you want it on record that there is a trust issue. How was the Realtor selected? By any chance on the recommendation of the attorney?
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Old 04-17-2011, 07:01 PM
 
Location: NJ
17,573 posts, read 46,134,620 times
Reputation: 16273
How is it that your husband got to pick the agent?
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Old 04-17-2011, 07:05 PM
 
Location: Portland, OR
1,455 posts, read 2,496,794 times
Reputation: 2011
Get the phone company to provide a call log to prove the realtor only called twice, then there will be no she said/he said....

- Tim
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Old 04-17-2011, 07:07 PM
 
Location: Long Island
9,933 posts, read 23,148,514 times
Reputation: 5910
What State are you in?? There are Certified Real Estate Divorce Specialists out there who have gone through special training - if I know your State I can tell you if or who...
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Old 04-17-2011, 07:11 PM
 
Location: Union County
6,151 posts, read 10,026,527 times
Reputation: 5831
If I'm reading this right, there's been no "loss" on your part - you didn't lose X dollars here. Just maybe some face? So it's like personal and because of that it kinda reeks of misdirected anger.

Do it for the right reasons which very well can just be that you want to interview and select your own agent. I can't imagine that would be unreasonable request to the court?

EDIT: rofl - I just now read her screen name. classic
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