Home Buying in Roswell>Question Details

phyllisfreem…, Home Buyer in Roswell, GA

If you have a complaint against a realtor, a friend got evicted and the realtor did not put his items out, she kept them. Can she do that?

Asked by phyllisfreeman09, Roswell, GA Mon Jul 22, 2013

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Once the homes content is put on the street everyone stops by to help themselves. I have seem cars lined up and down the street with people loading up on others misfortune. So it is possible that is what happened.
0 votes Thank Flag Link Sun Jul 28, 2013
The main question would be, how do you know 100% for sure the real estate agent took them? Did someone see them loading everything up?

An eviction is a legal process. Your friend would have been give plenty of notice through the legal system. When the actual eviction occurs, it is handled by local law enforcement. Once the items are on the street, they will often disappear quickly. It would have been your friend's responsibilty to make arrangements for their posessions in advance.

For any legal advice, your friend would need to consult with an attorney.
0 votes Thank Flag Link Mon Jul 22, 2013
If they put the items out, the entire neighborhood would have had a field day. If your friend knew they were being evicted, they were also aware of when their belongings would be curb-sided.

It is likely that her/his things were placed on the curb, and they vanished quickly, and pretty unlikely the agent took the belongings.
0 votes Thank Flag Link Mon Jul 22, 2013
Recommend your friend consult an attorney and take a copy of their lease. As James mentioned below the Landlord Tenant Act has specific provisions on how evictions need to be handled.

Also, they need to make sure their belongings were not just put into storage for safe keeping, instead of putting them out in the elements. You may only be getting half a story from your friend.

Finally, there is a difference between an "agent" and a Realtor. If the agent is licensed, there is the Real Estate Commission that handles consumer complaints. If they are a Realtor, there is an additional option of going to the local Board of Realtors (where the Realtor is a member) and filing a complaint.
0 votes Thank Flag Link Mon Jul 22, 2013
How do you know the items were not put to the street and the agent kept them? A sheriff is required to supervise a lawful eviction and see that any valuables are removed to the street. Once the sheriff leaves the owner either claims them or they disappear.
0 votes Thank Flag Link Mon Jul 22, 2013
The Landlord Tenant Act for your state - presumably Georgia in this case, will dictate. It is very specific on eviction. Even if the house has been abandoned by the tenant, if there are personal items remaining in or on the property, there must be an eviction of the personal property and ALL items must be removed from the premises and put on the street by workers who are hired by the owner of the property and overseen by the police department. Under no circumstances can person items be just taken by the owner or any real estate agent. Somebody is in trouble ;-)
0 votes Thank Flag Link Mon Jul 22, 2013
The realtor cannot put his items out. Whoever is initiating the eviction should do it. There are eviction laws that apply in this case. Was your friend renting or their home was being foreclosed? In what capacity was the "agent" involved?
0 votes Thank Flag Link Mon Jul 22, 2013
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