how do i lodge a complaint against a unethical real estate agent?

Asked by Collbrown1, Quincy, MA Sat Feb 20, 2010

We had given and offer on a house (that we have been wanting for 6 years and have been talking with the family and they advised that if we made and offer of X amount of $ they would take it) the listing agent said he would need 2 days to confirm the offer since the seller lives out of state. in the mean time lowered the price of the home on MLS on the 1st day of waiting. then listing agent told my agent that he had another offer coming in on the day our offer was to be approved or not. the time the offer was supposed to have an answer came and went. the morning of the 3rd day he told my agent that the offer was refused and they wanted best and final offers since there was another bidder on the house. We did and were told that the other offfer was substatially more. the listing agent told us on the day we viewed the house he had someone in mind when they lower the price. he probably wanted the 5% comm instead of 2.5% i am so Uupset because we now don't have a place to liv.

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13
Jack Gillis, Agent, Dallas, TX
Sat Aug 27, 2011
It does not really sound like the basis for a complaint, based on the fact scenario you presented here. I have seen instances where a listing agent will call and say the seller is countering the buyer's offer at X. The buyers agent say we accept, only to be told later that there is now a better offer on the property so submit "highest and best" offer. Is it unethical or illegal? No. Unless it is in writing, the Statute of Frauds prevents any oral communications from being enforced. That is my opinion.

Jack Gillis, M.B.A., J.D. │ Realtor®
Jack Gillis Realty Advisors
United Real Estate, Broker
5430 LBJ Freeway | Suite 280
Dallas, TX 75240
Cell: 214.718.4910
Email: Jack@JackGillisRealty.com
1 vote
Mack McCoy, Agent, Seattle, WA
Sat Feb 20, 2010
Putting aside your very strong desires for this house, rather than sell it to you directly, they listed it for sale to get the best possible price for themselves. Very reasonable, you'd probably do the same thing.

So. You made an offer, there was another bidder, and you lost out.

Now, you live in the same place you've been living.

What do you want to happen?
1 vote
Linda Dillon, Agent, Sharon, MA
Sat May 25, 2013
It is the same old story!! Get it in writing. Unfortunately, the seller's agent is required to get them the best price for their property. Your agent is responsible for getting you the best price. If the acceptance is not in writing and the seller's agent did not tell you the seller had accepted your offer there is very little you can do. If your agent feels something underhanded was done he/she can certainly lodge a complaint with MLS and also the licensing board. However, in this case it dos not sound like anything unethical was done.

Linda G. Dillon, President
Homes of Distinction Realty Inc.
Sharon, Massachusetts
Cell: 781-632-6253
Email: linda@hodrealty.com
0 votes
Peter Mohyls…, Agent, Destin, FL
Sat May 25, 2013
It is nice in situations like this to have everything in writing. Texts do not count. Get your agents to put everything in e-mails and keep a log of conversations. It is a hard pill to swallow but hopefully everything will work out going forward.
0 votes
Mikel DeFran…, Agent, Canton, MA
Sat Aug 27, 2011
CollBrown1,

It does sound like you got outbid. Unfortunately if the offer was presented to the seller properly your beef is with the seller, not the agent. The fact that the seller considered taking your offer was great... until something better came in. If you had agreed to pay X and the price was reduced below that... would you not take it at the discounted price? Of course you would. Next time consider using a stronger buying agent that would write the offer with a more reasonable response time or present the offer themselves. Using a buying agent has no cost to you.. and you can see the results of not using an experienced one.
Web Reference:  http://www.SuccessInMass.com
0 votes
Linda Dillon, Agent, Sharon, MA
Thu Jul 7, 2011
You can contact the Board of Registration: Email: Colleen.M.Digirolamo@state.ma.us or phone 617-727-2373 to see what recourse you have, if any. They will need the name of the real estate agent in quesion. I am sorry ou have this problem. It is always a good idea to have your own agent so that she can look after your needs. That way there is no conflict - she is only representing you and it is much easier for her to file complaints and reports poor agent behaviour.
0 votes
Gwendolyn Ha…, Agent, Canton, MA
Sun Feb 21, 2010
The Greater Boston Real Estate Board would be best to file your complaint. However, there may not be anything substantial for you to file a complaint. The seller's realtor is working for his client so that they can receive the best offer for their house.

I do wish you luck and hope that you are working with a proactive realtor.
0 votes
Colin Campbe…, , Carneys Point Township, NJ
Sun Feb 21, 2010
Contact the realtors Broker and take it from that conversation to the local realtors board if you are not satisfied.
Good Luck
0 votes
Joe Arnao, Agent, Sanwich, MA
Sun Feb 21, 2010
The direct answer is the Licensing Board of Ma and/or Greater Boston Board Real Estate Board. However, based on what you stated, it may be that the Seller's agent was doing what was best for his client and did nothing wrong. Your time may be better spent looking for another home.
0 votes
Bill Eckler, Agent, Venice, FL
Sun Feb 21, 2010
Mac's logic is on the mark.......what are the specifics of your presumption that something unethical occured?

As explained, the events appear to be common place..............
0 votes
J.M.Jones -…, , Massachusetts
Sat Feb 20, 2010
Was there a "time is of the essence" or "response time/date" statement of the offer for acceptance? Do you feel the agent willfully delayed your offer from being presented? You have the right to report your concerns to the board and this is the page to do it on. Understand, I am not supporting either side I am simply trying to help you resolve the issue at hand, I do hope you can resolve it.

http://www.mass.gov/Eoca/docs/dpl/complaint.pdf
0 votes
Heidi Zizza, Agent, Framingham, MA
Sat Feb 20, 2010
Dear Collbrown, If you know the family you can confirm that they actually received the offer. Tell your buyer agent that you want the list agent to prove your offer was given to the sellers. You can call the Division of professional licensure in boston to File a complaint. So sorry:(
Web Reference:  http://www.mdmrealtyinc.com
0 votes
Ellen Friedm…, Agent, Cambridge, MA
Sat Feb 20, 2010
You could complain to the Greater Boston Real Estate Board but unless you have some proof that the listing agent was engaged in fraudulent activity you would have a hard time making a case. Perhaps your buyer agent needed to be more proactive on your behalf--you have no way of knowing that. Good luck in finding something else that you love. Ellen Friedman, Keller Williams Realty, ellengfriedman@comcast.com
Web Reference:  http://www.ellenfriedman.biz
0 votes
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