Home Selling in Clarksville>Question Details

Matt Whalen, Real Estate Pro in Clarksville, TN

Our realtor moved buyer into our house without us knowing. They lived there for 3 months rent free, and trashed the house.

Asked by Matt Whalen, Clarksville, TN Fri Apr 20, 2012

When the buyer finally backed out of the deal, the house was in terrible shape. Our realtor keeps giving us excuse after excuse as to why she can't try and collect for damages from the buyer. She seemed like a really sweet lady to work with at first, but I feel like as active duty service members we were preyed upon and taken advantage of because of the need to sell our home so quickly. It has cost a significant amount of money to repair our home, which still isn't complete yet. I want to file a complaint so that other soldiers aren't taken advantage of the way we were.

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Contact a lawyer and speak with them. If what you've written is true the attorney will likely suggest suing the Raltor, and their office. I would also file a complaint with the Tennessee Real Estate Commission.

If what you've written is true this is an extremely serious offense and your realtor should have their license suspended and both she and her company would be on the hook to not only cover all the repairs to your home but for financial damages as well.

You absolutley need to consult with an attorney.

On behalf of all the Realtors working who are honest and truly care about their clients I wish to extend an appology for this completely unprofessional and illegal activity.
2 votes Thank Flag Link Sat Apr 21, 2012
All agreements should be in writing, and moving the buyer into your home without any type of written agreement could be a violation of both State Law and the Realtor Code of Ethics.

Your first step would be to contact their Principal or Managing Broker. You could also contact their local association if you wish to file a complaint. The Tennessee Real Estate Commission is the State's regulatory branch, and you can file a complaint with them also. Since you are Active Duty, you can also talk with the Post's Housing Office and JAG. They can assist you in this too. All of these have no cost involved.

You should always be advised to speak with attorney, as this is a matter of law. They could best advise you as to whether you have a damages case against the Realtor and the buyer, and how to go about getting restitution for the damages you incurred from this transaction. Many times there is no cost for the initial consult, so it's well worth the time taken.

While JAG officers are attorneys, many times they cannot represent you in matters off post, but they can definitely give you advice on how to proceed with this.
0 votes Thank Flag Link Sat Apr 21, 2012
Get a local attorney!!!!! Don't try to solve this yourself.

You need legal advice. This is not a question to be answered by this forum. Although the answers to this point are good, you are dealing with Tennessee laws and the Tennessee Real Estate Commission.

Good luck!
0 votes Thank Flag Link Sat Apr 21, 2012
As Bill said, there is always more to a story. I would suggest contacting the broker of the real estate office and possibly a real estate attorney. They can reviewed the contracts signed to determine what occurred. If violatiosn did occur, then you cna contact the real estate commission to file a complaint.
0 votes Thank Flag Link Sat Apr 21, 2012
There's alway more to the story.....as presented, if the agent placed unauthorized people in your property causing damage to it, it would seem that there may be two avenues to recover damages...the freeloading tenant and the agent.

Two logical courses of action would be to file a complaint with the agent's broker and their local board of realtors as well as seeking legal counsel.

Good luck,

Bill
0 votes Thank Flag Link Sat Apr 21, 2012
Team Whalen,
I'm very sorry you were taken advantage of. Start with the agents managing broker, but don't stop there. You have been damaged and for all you know the agent collected rent without your knowledge. I would encourage you to file a police report and talk to an attorney about your options. If the damages are significant enough you could file suit with the attorney, if not a small claims court filing could be done, but you'll need documentation of your agreement with her, the damages through photographs and any repair receipts.
0 votes Thank Flag Link Fri Apr 20, 2012
First, I am so sorry and horrified this happened. As a real estate licensee, we are all regulated and monitored by the Tennessee Real Estate Commission. This is your first line of complaint protocol.

http://www.tn.gov/commerce/boards/trec/complaint.shtml

If indeed your agent is a REALTOR (keep in mind, all real estate professionals aren't REALTORS. REALTORS are members of the National Association of REALTORS and subscribe to a high code of ethics), you may want to contact the Clarksville Association of REALTORS. Ask for Deb and request the documentation to file a complaint BUT first check to see if the person is indeed a REALTOR.

http://clarksvilleassociationofrealtors.com/

Your final action (maybe even your first action) is to contact the agent's broker. Each of us must "hang our license" with a brokerage firm. They are responsible for almost every action we take. If your agent IS the managing or owning broker, the above actions will better suit the situation.

Again, this makes me sick.

All the best,

brian
0 votes Thank Flag Link Fri Apr 20, 2012
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