Home Buying in 02021>Question Details

Septemberhil…, Home Buyer in Venice, FL

Who can I file a complaint with for a listing agent in south florida who falsified the sold cost in MLS?

Asked by Septemberhillfarm, Venice, FL Mon Sep 16, 2013

Listing agent obvioulsy told her pocket buyer our $80k over asking price offer price. List agent buyer offered $81,200 over ask price. Strangely $1,200 over what we offered. Home closed at 455, 100. Our offer was 454,900. List price was 374, 900.00 List agent pocket buyer bought/closed on home .List agent recorded sold price in MLS database as $460k. Why would she lie in MLS about close price? Is she trying to steer us off her trail? Because she was list a

gent and buyer agent- meaning she was list agent and brought her buyer in who inevitably got the home. ( not our buyer agent) is she is trying to cover her trail? Does anyone know how she has conducted her self in the past? Is this her mode of operation? Has anyone been a victim of Christi Phelps at Corin Bay Realty Englewood FL.? please help us report her deceit!!!

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Well first of all you're writing this in the section for Dorchester Massachusetts. Unless the property is up here or the agent in question is dually licensed both here and Florida there's not much Massachusetts can do for you. You can contact the Florida licensing board and file a complaint but you should really consult with an attorney first. If the agent in question works for a brokerage that are Realtors then you can file a complaint with the local Realtor Board, not all agents/brokers are Realtors, there is a difference. You can also look into contacting the local Multiple Listing Service (MLS) where the property was originally listed. These boards take falsifying sales data very seriously. The integrity of their data is highly important.If the office the agent works for is a large franchise you might see some response or close ranks to cover themselves. As for your charge of financial questionability what is your buyers agents imputed on this? Sometimes professional buyers make offers on bank/distressed properties with what are called escalator clauses, whereby their offer is variable, topping the next higher offer by a fixed amount to secure them the sale and "trump" other offers without having to get into a bidding war. This could've been the case. Getting that information will not be easy and you'll need the services of an attorney to advise you how to proceed. It's not an easy thing to lose out on a property, it's especially hard when there's the appearance of impropriety. Real estate professionals have been working hard to shed the "used car salesman" reputation. Companies realize a bad apple can taint the rest, these ones are usually weeded out. (As an aside I know some wonderful used car salesmen). I hope this helps you identify a few courses of action, and know that there are alot of hard working, honest and contentious real estate professionals out there.
1 vote Thank Flag Link Mon Sep 16, 2013
File a grievance with their Board of Realtors. If they do not belong to a local Board, file it with the FL State Board of Realtors.

Be sure you have your information factually correct and leave emotion and speculation out of it. When you make such claims you're jepardizing someone's reputation and career.
1 vote Thank Flag Link Mon Sep 16, 2013
Well, quite a story with many nuances. In making offers it is really a guessing came as to what to offer and whom to trust. Your accusations are difficult to substantiate but "sometimes" reasonable to assume. I would start by asking the Realtor in question what you want to know. Perhaps there is an explanation you had not considered.

It is unfortunate that the public would feel that way about a Realtor. Sorry for your trouble
0 votes Thank Flag Link Sat Apr 26, 2014
MLS listing by a Coldwell Banker/Florida Moves agent stated "new" windows and AC's" under warranty".
Windows just celebrated their 8th anniversary - Neither the Manufacturer nor I consider 8 yr old windows "new"
Both HVAC units are 14 yrs old! no warranty ..no service contract -
Closing in three days - My recourse is what.?
0 votes Thank Flag Link Fri Apr 25, 2014
First thing, especially if it was a short sale, it is common for agents to under price a home to attract more buyers where offers often are way above asking price but actually at what current market value is and where it should have been priced to start with. As far as reporting the wrong sale price your two options are filing a complaint with the MLS and the state of FL RE commission. Check the deed transfers and make a copy so you have proof what it closed for.
0 votes Thank Flag Link Tue Sep 17, 2013
There is much we do not know regarding your story.
What first pops to my attention is a property listed at $374,900 and sells for $455,100. Now it is predictable and expected that a Bank of America appriasal will be off by that amount, but to price a property that far off suggests other dynamics are in play that have not been disclosed.
Some really sly buyers will attempt to sneak a escalor clause into a pruchase agreement meaning you will lose regardless of your offer. When folks don't understand the complexities of this business they are always prone to crying foul rather than asking their agent, "What will make my offer most competive? What questions need to be asked?"
You are right in one assumption, there is a growing realization that "Firt Look' sales options hold far greater benefits to seller, buyer and agent that provide the ease and convienence many sellers prefer. Those trolling aggregate real estate websites, with their guestimates and zestimates, will find themselves more often in your situation, the good stuff will be out of their reach. All they can home to experience is chasing vapors of the homes they wanted.
By the way, you have no way or no right to know what negotiatons took place after the prevailing offer was accepted. As you know, buyers often renegotiate the price when the appraisal results come in and/or when the inspection report is completed or when the terms and condition merit a new agreement. You would be wise to wait for the sale data to appear in the tax or public records before you continue your march of retribution.
Yes, you can report the agent to the local board of realtors or the state licensing board, but with the information your provided, and the voids in your argument, your protest will amount to an annoyance and inconvienence. The truth is, the right question was not asked, therefore the player with the advantage won. What was the 'right' question to ask that would have prepared you properly?
0 votes Thank Flag Link Tue Sep 17, 2013
I am reading this and not really sure what has you so upset. The integrity of the data in the MLS system is important, but it I can't think of any way it harms you, so I am confused.

Regardless, I am not sure what data source you're using, but before you go saying an agent has done something incorrectly, I recommend you make sure you're right. If you're looking at the listing on Trulia and the price history, that pulls from the tax records, which real estate agents do not control. You should contact your locality and report the error if you know it to be wrong, and skip the part where you complain publicly like online or to a REALTOR board, etc and end up with egg on your face.
0 votes Thank Flag Link Tue Sep 17, 2013
first I would contact her office manager and or owner. Then you can always file a complaint with the state licensing board and the local mls.

However there may be more to the story than the information you are providing us.
0 votes Thank Flag Link Mon Sep 16, 2013
file a complaint with the local association of Realtors
0 votes Thank Flag Link Mon Sep 16, 2013
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