First of all, I'm sorry to hear that you had a negative experience. That is unfortunate and you certainly have the right to pursue whatever action you have available.
I would first go to the brokerage firm and discuss with them at a Broker or corporate level to discuss what you regard as the RESPA violations they committed. I'm not sure what happened to you but talking to someone first has generally (actually always) worked for me. If you've exhausted this option, then proceed if you have a case and if that's what you're inclined to do.
There's no such thing I've ever heard of as being blacklisted by a real estate company but I suppose they could not choose to work with you if they think your action was frivilous or if they think you are a difficult customer. While the customer is always right, there are times when we don't want to do business again for one reason or another. Over the last twenty years there have been a very few customers that I would choose not to work a second time.
And like any other law suit, will your claim and damages be enough to cover the attorney fees and your time and effort? Those are the things I'd consider and for me personally suing anyone would be a last, last resort after I really tried every other option to amicably settle any differences.
Best of luck to you whatever you decide. Have a great week!
Marty Hunt, RealtorÂ®, ABR, CRS, GRI, e-PRO
Florida Home Team Realty, LLC
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Certainly talk with a lawyer to explore your options.
My own personal suggestion is that if you truly have a case and a significant amount of money is involved--and a lawyer reaches those same conclusions--then go ahead and exercise your legal rights in court.
I don't know the company involved, so I have no idea what the repercussions will be. And I'm not sure what "blacklisted" would entail. Individual agents certainly could choose not to have you as a client. However, there might be more significant implications if the company as a whole decided to take action.
In the scenario you outlined, an agent would have a fiduciary duty to the seller. So if you saw a house you wanted to buy that the company in question had listed, the agent with the company in question would not be best representing his/her client if your offer (or interest) weren't properly and accurately represented to the buyer. I'm not a lawyer, and we're dealing with a lot of hypotheticals here. Still . . .
And all that's just hypothetical. Right now you've got a real issue. Talk to a lawyer about what your next step might be.
Hope that helps.
I don't believe a "black list" exists....and you should do what you feel is the right thing to do.
Have you considered referring your concern to the local board of realtors for their input. Each board has a review system in place that is intended to help people through the very same process you find yourself struggling with today. It's a review process that doesn't cost you anything but could save you on legal fees.
It may help with your decision and/or provide the clarity necessary to make a clear decision.
My Attorney always had a saying before we got into a suit:
"How much justice can you afford?"
I am a big proponent of justice when wronged, not a great lover of lawsuits and the cost to us all, but I do believe in being treated fairly. I would suggest that you talk to your attorney and get your immediate issue ironed out so that you can move on with your life and business endeavors.
We all choose who we do business with - it this firm is a major player in your market and you are concerned about the possibility of being blocked, I would sit down with the broker of record and talk with them about your concerns. I would surely hope that you would not be blocked in any way.
Talk to your attorney and the broker of record. Good luck with future deals.
Consistently delivering results in New Jersey
I don't know how the title company harmed you or the degree to which they harmed you. You are still going to have to determine that. By using another brokerage for your future purchases, you shouldn't worry about being blacklisted for something as trivial as this sounds like it could be (against the brokerage). You should definitely do as many suggest and contact that broker and make them aware of the RESPA violation. You may not believe me, but not all brokerage and agents are the same. Some are professionals and keep up with the laws and rules, and some have big gaps in their knowledge and operations.
For whatever reason, some real estate brokerages think it's a good idea to affiliate with title / escrow companies and lenders. If that relationship is disclosed, the law seems to think that's OK. "
It was not disclosed at the time.
For whatever reason, some real estate brokerages think it's a good idea to affiliate with title / escrow companies and lenders. If that relationship is disclosed, the law seems to think that's OK.
But. I think that a brokerage would be in a world of hurt if they refused to pass an offer from you on to a seller because you were an annoyance about an escrow issue. Talk about digging a hole for yourself.
So lets say they don't want to do business with you personally. There are ways around that if it is needed. They are not the only game in town.
Protect your interest if it is worth it. Then, let it go and move on.
It comes down to what do you have to gain and what could you possibly lose- in both time and money. If you feel strongly about what was done- follow your instincts and seek relief from the judicial system- or better yet- try to handle the matter directly with whom you feel voilated RESPA resulting in your loss.
â‰ˆâ‰ˆâ‰ˆ Mott Marvin Kornicki, REALTORÂ® â‰ˆâ‰ˆâ‰ˆ
Aventura | Bal Harbour | Sunny Isles Beach
â‰ˆâ‰ˆâ‰ˆâ‰ˆâ‰ˆâ‰ˆ "â˜…â€ This is the House â€œâ˜…" â‰ˆâ‰ˆâ‰ˆâ‰ˆâ‰ˆâ‰ˆ
If you like a property listed by that particular office, use another realtor to put in an offer.
Talk to the Broker of the office that was in error. If you are planning to buy more property, they would probably bend over backwards to try and rectify their mistake.
There are many potential RESPA violations and they vary greatly. One that seemed to come into light in the last year were Administrative Fees charged by brokers, if the fees were not specific line item costs pertaining directly to a customer. That is an example where you might be out of pocket for $150, but is it worth going to court? That may just be one of those things where principle and costs battle it out. For something like that, you just simply refuse to pay it. Without getting into the details, none of us could really say more than you need to weigh out your options and do what is best for you. I wouldn't worry about being blacklisted as a customer, because there is always a Realtor who will be willing to work with you on the buyer side.
Did you go straight to the listing agent to make your offer OR did you use a buyer's agent to help you? If you used a buyer's agent and they did not catch this for you, then that's who you should be jumping all over. If you went straight to the listing agent, then sounds like you won't make that mistake again!