I can tell you that the CA Department of Real Estate http://www.dre.ca.gov is there to protect consumers, and also that the California State Licensing Board http://www.cslb.ca.gov is there to regulate unlicensed and licensed contractor activities.
All that said, as in every conflict the best way to resolve it is through dialog and compromise and good faith. I find it hard to believe that someone would just start repairs on a house without having a legitimate good intention... Additionally whether you pursue legal or regulatory redress of your issues with the courts or governmental entities, you are looking at a very long time and lots of energy. Be ware of trigger happy attorneys that speak incendiary language just to collect attorneys fees...
Good dialog, calm attitude and honest good faith is always a better path to compromise.
Best of luck, and if you find my answer helpful, please give it a "Thumbs Up"
Ron Escobar, MBA
Broker & General Contractor
It doesn't sound good all the way around.
I am wondering how long the listing contract was made for? Normally it's 4- months (or so), in which case you could just wait until it expires.
In my experience it is quite unusual for a broker to refuse to cancell a contract when the seller insists upon it. After all, we do need your cooperation in order to market a property and it serves no purpose to be at odds with your client.
You can certainly complain to the D.R.E. (department of Real Estate), but in my professional opinion it has gone "legal" and a few hours with a good attorney should give you the answers you need.
Can you prove that you did not authorize the work? Who let the workers into the house to do the work?
All the best,
Now just so you know. the average time frame for a complaint to be seen by the state contractors board is around 11 months. just to see it. The time frame may be a lot shorter now tha there has been no construction for the last few years but you may want to ask.
you could try to deal with the problem with the players.
You and your agent and the workers work something out.
I tried the state way once and it was pointless.
I tried the other way and at least I got some things worked out.
Harold Sharpe - Broker
So Cal Homes
California Department of Real Estate Broker License # 01312992
The first is your need to sell your home. If any of the contractors who did work in your home is licensed, then they have a right to file a Mechanics Lien on your property if they are not paid. If Liens are filed on your home, it will be difficult to sell without settling these debts. From the invoices you can easily find out which contractors were licensed and which were not. Then negotiate with the licensed ones a settlement (but make sure they finish the work to your satisfaction first). Tell the other ones you will turn them in to the California State Contractors Board(http://www.cslb.ca.gov) if they persist. Then get the house back in order using qualified contractors and put your house back on the market with a legitimate agent.
The second problem is with your agent and broker. Yes, you can report this to the California Department of Real estate (http://www.dre.ca.gov), but you will get no satisfaction there. The Agent violated your trust and took action without authorization, which should have been in writing. You will have to get an attorney and file a suit.
What is the outcome you are seeking in the sale of your home?
Is this a step in that direction?
Are you responding to inflamed emotion (pride) or because your 'goal/outcome' has been placed in jeopardy? Measure carefully the consequences of your action. IN the end there will be only one winner. The winner will not be you, the agent or the broker. All the vitriol regarding ethics and breach of protocol can so inflame the senses of injustice to compel one to take the path most illogical.
Recently a transaction of which I had knowledge was involved in 'unauthorized' repairs. The lien that followed prevented the sale for YEARS! Hmmmm, it's still for sale and can not be sold except to a buyer who likes wading into someone else's battle.
Indeed, you may need to consult an attorney, the outcome , however, is rarely what either party expected. See if you can't work this out beneficially to achieve your goal.
Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Chat real estate on: http://www.RealEstateMadeEZ.us
If the Realtor indeed allowed unlicensed workers to access the property without the consent of the seller, then they have, in my opinion, breached their fiduciary responsibility to the seller and are in breach of the listing contract. This should be ample cause to cancel the contract.
If the facts can be verified as you have stated, and the realtor acted on your behalf without your consent and in so doing violated the law, then the realtor in question not only needs to cancel the listing agreement, they should, at their expense, return the property to its prior condition.
If the realtor and broker do not cooperate willingly, then there may be a need to get a real estate attorney involved.