Pearl, Real Estate Pro in Los Angeles, CA

Can a realtor approach my short term renter and offer them another rental in the same complex? This realtor is also on the Board of this Complex.

Asked by Pearl, Los Angeles, CA Fri Feb 7, 2014

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My property IS listed on the MLS as a Rental property by another Realtor.
The new Landlord of my previous tenants is a NEW Owner (and a NEW BOARD MEMBER Too) who recently bought
his Townhouse from this very same Realtor to LIVE IN BY HIMSELF, OWNER-OCCUPIED ONLY.
He told me (in a well documented phone conversation when HE called ME to explain his need for these Renters) that he is specifically an Owner Occupied Owner of his Unit!
He also told me that the $12,000.00 that he is being paid for a 3 Month Rental is a sad loss for me but he needs the
income too.
Our CCR's writes specific Rules about RESTRICTIONS in taking rent from any room mates. A former
Homeowner was not allowed to do this. He had already rented out one room in his
Property and had signed a Lease, but had to break the lease due to this being a violation of the CCR's
about renting for financial gain while at the same time living in the Unit.

It appears that I have previously lost a potential long- term Renter in this same Complex as that Renter was given her
Business Card by the Security Guards up front who are paid by our HOA.
My Unit has been vacant for over 5 months now and this Townhouse is in a VERY Desirable
are and a well priced RENTAL at that!
My advertising Costs on various Rental Web Sites are very high.
It appears that I pay for advertising and this Realtor reaps the benefits of my advertising for FREE. Plus it appears she also gets a commission from the "new Landlords" for taking my Renters away from my Unit..
My short term tenants have previously been harrassed by Board Members without cause. It appears that this is a way for a Board Member to get personal information from my Renters and uses this information to secure the very same tenant to another Unit in this same complex.
One of my Renters had to open the garage of my Unit to PROVE that there was a car in the Garage.
i do not recall any one else in the Complex forced to do such a humiliating act.
Another Renter was unjustly accused of parking a BMW that did not belong to my Renter unlawfully inside this Complex. I received a Letter from the Board of Directors about this BMW. It did NOT belong to my Renter. It appears to be constant unustified harrassment when I rent out my Unit and I do follow the HOA Rules in our CC&R Documents.
Any other advice? This just is not fair!
0 votes Thank Flag Link Sun Feb 9, 2014
Just keep(save) all communication in writing, don't forget your tenant statement signed and dated. Document, file and keep ready if you'll get into any litigation with them, seems you do have losses there and violation of NAR Code of Ethics such as:
REALTORS® shall not solicit a listing which is currently listed exclusively with another broker( seems your short term renter is not represented by a broker, yet, you are loosing potential long term renters, right?)
I don't know all details and can not provide any legal advice, but you might want to call California Department of Real Estate , their DRE licensing hotline 1-877-373-4542.
Flag Sun Feb 9, 2014
If he is in violation of the CC&R's, my advice would be to file a grievance with the HOA. If they fail to act, then get an attorney involved. As for the advertising, if you have your property listed in the MLS, chances are he does too as he is a REALTOR. Finally, if your potential renters are not represented by an agent, then he solicit them.
Flag Sun Feb 9, 2014
Unless your renter is already represented by another agent, a REALTOR can absolutely approach them and offer another rental. Also, as long as the agent is offering your renter the same options that they would offer anyone else, being on the board of the complex shouldn't matter. The agent does, however, have to disclose to the renter that they are on the board of the complex as they are affiliated businesses.
0 votes Thank Flag Link Sun Feb 9, 2014
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