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An agent would disclose it on the MLS itself in the private remarks, which your agent would see or in attached documents, which again your agent would see. OR they would disclose it in an email. The fact that she says three acres on the MLS is very bad for her, in my opinion.
Out here when there are partitions, etc, the MLS always reflects what it WILL be and then it says "subject to final partition" in the private remarks or something.
This is interesting. Does all of that stay with the history in mls? Our agent was from the same office but was clueless so we basically dealt with selling agent. Our supposed agent has sworn she had no idea about the road. We currently have the house on the market so I could ask our current realtor to look.
This is interesting. Does all of that stay with the history in mls? Our agent was from the same office but was clueless so we basically dealt with selling agent. Our supposed agent has sworn she had no idea about the road. We currently have the house on the market so I could ask our current realtor to look.
Yes, unless the agent changes it, but then you can ask the MLS for records of any data changes to that particular listing. The computer would log when a data change was made. Might need a subpoena for that though.
Thanks Falcon..that's what I was looking for. I wasn't sure exactly where it would expect to be found if she would/should have disclosed.
What could be the ramifications for her if they find in my favor?
Ramifications will be a fine. If it's the first offense, it's usually just $500. The more offenses, the higher the fine. Then, it's completely up to the panel handling the hearing. They might just put a warning in her file. However, what is most common is to make the agent take education classes pertaining to the issue at hand. Since she didn't represent her client to the fullest, they might make her take some type of Agency/Representation class.
There is no money for you to receive as it's just an Ethics complaint against her. Yes, you can file in both states. Even though your house is in one state, you can file in the other state because she still has to abide by the same Ethics in both states, as long as she holds REALTOR® status.
If you want money for damages, you would have to file elsewhere as you're not going to get money going this route. You just get to vent your anger and make her learn from her mistakes.
Sometimes a few references to the misrepresentation is better than just one item. Makes one aware that this was thought about and put out there over and over and over.
After the listing agreements was signed...who puts it in the mls, realtor or office staff. Call on that person. But the realtor should have checked it.
Next, she gave the wording for the ad to the newspaper, which probably included a great 3 acres.
She helped design the open house ad, which must have mentioned the great lot size.
You may hear of others she emailed with regarding the house on 3 acres. You may have had people stop by and tell you they had looked at the house with that Realtor. And emails from a year ago could still be saved.
The idea of the lie being planned and continuous time after time after time is a point. It speaks to a great desire to decieve.
The complaint isn't going through my attorney. There are people who have followed my story so I just gave some background and a bit of an update so people would understand why I'm filing one to begin with. What I'm looking for is someone who can answer my question of where a selling agent would disclose knowledge of a condemnation.
I followed the original issue as well. I do think that in addition to the RE complaint, you should look into suing the broker.
I cannot imagine listing a home that I knew had a condemnation of part of the lot coming without putting it in the MLS for everyone to see and writing up a document for my buyers to sign saying they are aware of it. It is a material fact that the listing agent knew about. I'm still shocked and appalled that you are in this situation. I feel for you, and I hope you get compensated for this issue.
You just get to vent your anger and make her learn from her mistakes.
This is what I want..little consolation considering what she did but for now it will have to do.
Quote:
Originally Posted by cully
The idea of the lie being planned and continuous time after time after time is a point. It speaks to a great desire to decieve.
This is what sticks in my craw. She was so deceitful and none of the other professionals we hired was competent enough to catch her.
Quote:
Originally Posted by NinaN
I followed the original issue as well. I do think that in addition to the RE complaint, you should look into suing the broker.
I just spoke to my attorney about this. Including the RE agent at this point would really muddy the waters which wouldn't be a benefit to us. I hate it..I really do. She in my opinion is the most guilty.
I cannot imagine listing a home that I knew had a condemnation of part of the lot coming without putting it in the MLS for everyone to see and writing up a document for my buyers to sign saying they are aware of it. It is a material fact that the listing agent knew about. I'm still shocked and appalled that you are in this situation. I feel for you, and I hope you get compensated for this issue.
Thanks Nina..Most would never do something this underhanded..we just happen to find one that would. She had a lot to gain by selling that house. There was a 9% commission. The seller probably added an extra 3 if she could get it past someone. She did...
I followed the original issue as well. I do think that in addition to the RE complaint, you should look into suing the broker.
Oh yes, I also recommend suing the Broker because you know they (the listing agent at least) were negligent in their representation, and that's what errors and omissions insurance is for!
So glad you mentioned this about the realtor you knew. We were on the state line. Her office is in one state while the house she sold us is in another. Can I file in both states?
First check to see if she is licensed in one or both states. Unless she has a state license, the state real estate people generally have no authority.
Ramifications will be a fine. If it's the first offense, it's usually just $500. The more offenses, the higher the fine.
I think she needs to forget about the REALTOR® board and go for a complaint with the state for licensing. I mean in my state an agent got a 6 month suspension for stealing my website content. No consumers were hurt in that, just me.
So with this agent now signing an affidavit that she told the OP AND not having any marketing to support that...I see bad juju in this agent's future, if they were in my state. The real estate agency would want to know why she lied on her listing that was going out to the public. Misrepresentation is a serious business here and would likely garner her a suspension or revocation of her license.
I have no useful information to add, but just wanted to say how very sorry I am that you are going through this. How awful!
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