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We are in a lawsuit pertaining to a house we purchased then went on to list for sale. Our relationship with our listing agent deteriorated by the end. So the person involved in the suit submitted a document with some detailed information from those offers. Considering the info..I think it had to come from our realtor. Is that information our realtor can give out once we are no longer in contract?
What is confidential between a realtor and a client is very different than what is fair game during the discovery phase of a lawsuit. During discovery an attorney can ask for just about anything they want. It is YOUR attorney's job to go through the requests and ensure that none of the information requested is privileged information.
I don't know the exact answer to your question because these types of things can vary by state, and can be contractually limited and I don't know what your agreement with the broker said - but generally speaking during the lawsuit all of the information will come out in one way or another.
Disclosing the information without allowing you the opportunity to quash the request is likely a violation of the agents fiduciary duties though.
What is confidential between a realtor and a client is very different than what is fair game during the discovery phase of a lawsuit. During discovery an attorney can ask for just about anything they want. It is YOUR attorney's job to go through the requests and ensure that none of the information requested is privileged information.
I don't know the exact answer to your question because these types of things can vary by state, and can be contractually limited and I don't know what your agreement with the broker said - but generally speaking during the lawsuit all of the information will come out in one way or another.
I guess what surprised me was they had the info without me even knowing they were getting it. It's one thing to get it through discovery, but if she just gave them the info then I have a problem with that.
Disclosing the information without allowing you the opportunity to quash the request is likely a violation of the agents fiduciary duties though.
My attorney never mentioned anything about a request..he didn't even comment on the statements regarding this in the New Matter. I caught it and started thinking about how they got their info. Getting him to answer questions I have found is near impossible. I ask 3 very important questions..and he answers one. It's a cycle that never ends considering I always have more questions. It's really not important in regards to the lawsuit, but it is important to me considering we are contractually obligated to use her when/if our tenant buys the house.
Quote:
Originally Posted by 2bindenver
Could there have been a subpoena?
It's possible and she wouldn't have told me if she didn't have to since we didn't get along. I don't know much about them but I would think we would have to be informed. I guess my real question is can she disclose that info without a subpoena? I'm contemplating emailing her..she may or may not respond to me though.
It's possible and she wouldn't have told me if she didn't have to since we didn't get along. I don't know much about them but I would think we would have to be informed. I guess my real question is can she disclose that info without a subpoena? I'm contemplating emailing her..she may or may not respond to me though.
She would ignore you if you emailed her. For several reasons. For one, if she got a subpoena, she'd ignore you because she knows it's tied up in legal issues. If she didn't get a subpoena, she'd ignore you because she wouldn't want to tattle on herself for giving out info. Also because you don't get along....she's not going to email you back or return your call, unless absolutely necessary. Even then she might try to go around you if at all possible.
In Oregon they have to submit a subpoena to get information that is confidential. I doubt you would know about it since the attorneys would be doing their discovery and making requests right and left. If you had a good relationship with her, I would have expected her to email you as a courtesy.
I would not email her. Best to let your attorney handle things when in a lawsuit. You don't want to unintentionally shoot yourself in the foot.
She would ignore you if you emailed her. For several reasons. For one, if she got a subpoena, she'd ignore you because she knows it's tied up in legal issues. If she didn't get a subpoena, she'd ignore you because she wouldn't want to tattle on herself for giving out info. Also because you don't get along....she's not going to email you back or return your call, unless absolutely necessary. Even then she might try to go around you if at all possible.
I think you are spot on. It would be a waste of time. It's unfortunate we will have to deal with her in a future transaction.
Quote:
Originally Posted by Silverfall
In Oregon they have to submit a subpoena to get information that is confidential. I doubt you would know about it since the attorneys would be doing their discovery and making requests right and left. If you had a good relationship with her, I would have expected her to email you as a courtesy.
I would not email her. Best to let your attorney handle things when in a lawsuit. You don't want to unintentionally shoot yourself in the foot.
Hi Silver,
You're right..my attorney should be the one asking questions. He isn't inclined to but I'm going to mention it. If they subpoenaed her then we can request that info from them thru discovery. It would help to know what they got from her. I don't think there is much there but would rather not be surprised.
I think you are spot on. It would be a waste of time. It's unfortunate we will have to deal with her in a future transaction.
Hi Silver,
You're right..my attorney should be the one asking questions. He isn't inclined to but I'm going to mention it. If they subpoenaed her then we can request that info from them thru discovery. It would help to know what they got from her. I don't think there is much there but would rather not be surprised.
Um, if your lawyer is not concerned about seeing what they have and not wanting surprises, you need another one.
Regarding your dealing with her in that future transaction...does the contract say it has to be her or can it also be her broker or another agent in her office. Some contracts extend to others in the office.
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It's really not important in regards to the lawsuit, but it is important to me considering we are contractually obligated to use her when/if our tenant buys the house.
