Home Selling in 60201>Question Details

Pleasebuymyc…, Home Seller in 60201

To whom should I report a realtor's unethical behavior?

Asked by Pleasebuymycondo, 60201 Sun Jun 27, 2010

My condo was recently under contract (during the attorney review period, for sale by owner), and the realtor that was helping me find a new home used the information I told her about the sale to call my buyer. My buyer broke our contract and bought a condo listed by this agent. I have heard things from two people involved (my former buyer and the seller of the other condo) that the agent called the buyer and convinced her that she would be getting a better deal on her condo rather than mine.

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19
Dunes - you're entirely welcome, and I think your suggestion that simple explanation deserved a little more exposition, was totally valid.

btw... I like the fact that this question, asked in 60201 (my home town of Evanston), was commented on by agents & consumers from Virginia, Illinois, Massachusetts, New York, Florida, Oregon, Ohio, and New Jersey.

Everyone gave reasonable answers, and left logical comments, and there was absolutely no need for them to have their licenses hung here in Illinois for them to add value to the conversation. Very nice.
2 votes Thank Flag Link Tue Jun 29, 2010
Alan May, Real Estate Pro in Evanston, IL
MVP'08
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The suggestion that the Broker and/or various Boards be Contacted First seems to be the Consistent response from Agents, so perhaps you can educate me and the public on Why that should be their First choice...It is a suggestion is it not or is their some Legal Requirement, Legal Chain to follow?

Let's assume everything Pleasebuymy has related is absolutely True.

1. Was under Contract to sell Condo

2. Got a Agent to assist in finding new Property

3. For whatever reason, right or wrong, related info to Agent that allowed Agent to know the Sales Price and Buyer.

4. Agent contacts Buyer and say "Hey I have a better deal"

5. Buyer breaks Contract and buys Realtors recommended Condo (Agent gets Commission, Pleasebuymy loses sale, cannot now buy any Property they were interested in because sale fell through)...

What action is a Broker of Mediation Board going to take or even could take that would be fair to Pleasebuyme?

Where can the public view the complaints made and how they were handled? How do we know Complaints are handled is there anywhere to view this or is it just "Cause I say they are? (and I do not mean that insultingly, I mean how do we KNOW Beyond being told it is)....I only speak for myself but just being told it's so isn't enough, I like to know those types of claims ARE SO!
Perhaps others might also?

Please allow me to ask one last question of Agents..

If Pleasebuyme had not been an FSBO but had used a Realtor...A Realtor that lost a sale/Commission because Please had used another Realtor to Buy for some legitimate reason and that Buyers Agent then contacted ect. ect.....

Would we then be hearing "More than likely they did nothing wrong, you're just upset that your deal fell through."

In all honesty I see this scenario as more of a Contact an RE Attorney for an opinion/possible suit for losses and Report to the State....Why would I be wrong?
1 vote Thank Flag Link Mon Jun 28, 2010
Both the answers below are very good if you feel you were wronged. Their defense will be that the property IS better than yours and the byer is free to make his/her own decisions to purchase which ever condo he would like. There will be other buyers. Good luck.
1 vote Thank Flag Link Sun Jun 27, 2010
First, contact the agent's broker.

If you're not satisified with that interaction, contact the Illinois Real Estate Professions (part of the Division of Professional Regulation). Here's the web site: http://www.idfpr.com/dpr/re/realmain.asp

Hope that helps.
1 vote Thank Flag Link Sun Jun 27, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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Thursday will be the three-year anniversary of our unfortunate poster's question. Maybe they don't need our help any longer.
0 votes Thank Flag Link Mon Jun 24, 2013
Wow! Sorry about the bad news. Contact Illinois Real Estate Professions (part of the Division of Professional Regulation). Here's the web site: http://www.idfpr.com/dpr/re/realmain.asp
0 votes Thank Flag Link Mon Jun 24, 2013
If you are unhappy with this realtor call their managing broker. If this person is manager or a one person shop contact the local board
0 votes Thank Flag Link Sun Jun 24, 2012
Thanks to Alan and Joan,Stu, & Steven for commenting...

I have seen this type of Question & Response possibly once or twice since being here ; ) and hope you understand my purpose was not to question the Courtesy or even for documentations sake value of contacting the Broker.

I just feel that this type of Question (especially if accurate) is about an IMPORTANT event/happening and perhaps explaining why someone would go to the Broker and then....is one of those things Agents need to explain if "Educating" is one of the purposes here.

In other words just a "Contact the Broker" answer to me is an incomplete answer......Why would one do that might be more educational/helpful/enlightening to someone having something like this happen or worried about something like this happening ...
Course I could be wrong, always a first time ;)

Thanks again Alan, Joan,Steven and Stu.

That pest & Documented complainer
Dunes
0 votes Thank Flag Link Tue Jun 29, 2010
What action is a Broker of Mediation Board going to take or even could take that would be fair to Pleasebuyme?
~~~~~~~~
I doubt, assuming that all of the allegations are true, that there is any action that could (or would) be taken that would be fair (or satisfactory) to PBMC.

Unfortunate, but true.
0 votes Thank Flag Link Tue Jun 29, 2010
Alan May, Real Estate Pro in Evanston, IL
MVP'08
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In Illinois, during the first 5 days of "under contract period" which we often refer to as A/I (Attorney Review and Inspection), the attorney can use that attorney review to "opt out" of the contract for any reasonable reason, with full return of any earnest money.
0 votes Thank Flag Link Tue Jun 29, 2010
Alan May, Real Estate Pro in Evanston, IL
MVP'08
Contact
Dunes,
The whole idea of reporting questionable behavior to the broker has to do with the broker being the manager of the agent and in any line of work, approaching the manager (boss) of the "offender" is often the first thing done. I know I am not telling you anything that you don't already know and I understand your concern that the complaint will go no further but it is up to the person who has been wronged or thinks they have been wronged to then go beyond the broker if nothing seems to come of it.
The bottom line is managers need to know what the people they are responsible for are doing. My broker would not tolerate this agent's actions. Some broker's may but mine most definitely would not.

In NJ, being in Attorney Review in not yet Under Contract. I don't know if that is the case in Illinois but what I do know is that if things went down the way "Please..." said it did, it stinks.
Basically, an agent who was working in one capacity for somebody, stole a buyer out from underneath the seller. If the seller wasn't technically yet UC it may have been legal but it stinks nevertheless.
0 votes Thank Flag Link Tue Jun 29, 2010
Yes, it's just a suggestion, not a legal requirement. But the board might easily ask if any attempt was made to reconcile their differences at a lower level. (it's kinda like local court, vs. state supreme court and then Federal Supreme Court)...

This might be handled quicker at "managing broker" level, or at NSBAR (North Shore Barrington Association of Realtors) than if it went to IDFPR (Illinois Dept. of Financial and Professional Regulation).

... and to your questions about 'transparency' and 'accountability'... the only one who would be privy to "how things were handled" would be those directly involved. If an agent were sanctioned or fined, only they, their managing broker and the person filing the action would be notified.
... the public, however, could go on the IDFPR website, search that agent's name (or license number), and see if they had been "disciplined".
0 votes Thank Flag Link Tue Jun 29, 2010
Alan May, Real Estate Pro in Evanston, IL
MVP'08
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Here is a little more clarification Jesse. The name of the buyer didn't come up specifically, but the buyer is a little different (as in odd) and has a few distinguishing characteristics. The agent asked me a lot of questions, and she flat out asked me what I sold for (which I didn't tell her, I'm not sure how or if she found that out) and she flat out asked who my buyer's agent was (which I did tell her). The condo the agent had listed was owned by someone I know and this person told me that her agent (also my buy side agent) had suddenly talked her into lowering her price to just above what mine was going for because she thought she could get her a buyer. Since her condo is larger than mine, it could be thought of as "better".
0 votes Thank Flag Link Tue Jun 29, 2010
In answer to a question posed here, the agent I used to help me buy a new home was familiar with my buyer because this buyer had made several offers on a property she had listed. The agent indicated to me that she knew who my buyer was, and she told me about the offers her client had received from this buyer.

Yes, I know the risks of being FSBO. I trusted the agent on the buy side to protect my interests as a client. One other fact I didn't mention earlier is that this agent works in the same office as the buyer's agent.

Thanks to everyone for their advice. I finally feel like I have some options here.
0 votes Thank Flag Link Mon Jun 28, 2010
Howard has given you the appropriate agencies to contact... but before I contacted either of those, I would attempt to go to the agent's managing broker. See if you can get him/her involved, and get some satisfaction.

If you don't get any satisfaction there, since you're in Evanston, the North Shore Barrington Board would be the next step. If they find your complaint to be valid, they might schedule a mediation board.

Make sure you've documented all of your complaints, and make certain to be calm, and reasoned. Yelling will be met with resistance. Logic and reason has the best chance of success.

Good luck.
0 votes Thank Flag Link Mon Jun 28, 2010
Alan May, Real Estate Pro in Evanston, IL
MVP'08
Contact
Pleasebuymy


The State of Illinois has an online form you can fill out...Your name/address, Their Name/Profession/address and Briefly describe your complaint: Hit Submit.......A very short easy to use Form.
(Limit 3,000 characters for describing complaint)

If more information is needed, you will be contacted via e-mail or telephone and an acknowledgment letter will be sent to the address you give..

You can just take the Short time needed to fill it out and see what the State says....Here is the link to that Form on the State Site, give it a look if you wish and see if it is an option you may be interested in Trying
https://www.idfpr.com/dpr/FILING/Complaint.asp

Good luck
Dunes
0 votes Thank Flag Link Mon Jun 28, 2010
Please,

You have been provided with some great advice. We would like to add one important thought to those previously mentioned.

It is too often that we fall victem to listening to others, assuming, and jumping to conclusions prior to getting the facts. Our recommendation is to proceed with caution collecting factual information that you can offer solid proof for, before going out on the limb and making accusations.

Be sure to protect yourself...........

Good luck,

Bill
0 votes Thank Flag Link Mon Jun 28, 2010
You may wish to have a discussion with your agent before contacting anyone and ask for an explanation-- If you need to report the agent and can prove unethical behavior--start by contacting the broker owner of the realty company, you can also contact the local Realty Board and you can contact the State Department Division of Licensing.
0 votes Thank Flag Link Sun Jun 27, 2010
I would lodge a complaint with all of the appropriate parties:

1) The agent's managing broker; and

2) (assuming you're speaking of an agent who is based in Evanston)
North Shore Barington Assoc. of Realtors
NSBAR 450 Skokie Blvd, Bld 1200 Northbrook, IL 60062 Phone (847) 480-7177; or

3) If a Chicago based agent
Chicago Assoc. of Realtors CAR
200 South Michigan Avenue, Suite 400, Chicago, IL 60604
Telephone: 312-803-4900

Wow. Sounds like a desperate move.
Web Reference: http://meyersnorthshore.com
0 votes Thank Flag Link Sun Jun 27, 2010
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