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Asked by Ackbos, Canton, MA Wed Feb 27, 2013

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Answers

10
Masha Sender…, Agent, Newton, MA
Wed Feb 27, 2013
Without knowing exactly what happened, the disclosure/consent issue alone is suspect. I would say, contact your attorney...
2 votes
Greer Swiston, Agent, Newton, MA
Wed Feb 27, 2013
What does your lawyer tell you?

I am not a lawyer, I only know what I am supposed to do as a real estate agent.

Basically, by law, when my client hires me, I get signatures for a "consent to Dual Agency" meaning that should the situation come up, I am allowed to entertain it ... else I can't practice Dual Agency at all and if I have a buyer who wants to buy the house, I would have to have another agent designated to represent either the Buyer or Seller because I can not represent both. If my client DOES sign the consent form, then when the situation actually comes up, I must have two copies of " Notice of Dual Agency" signed one by the seller and one by the buyer each acknowledging that they are being notified that Dual Agency is taking place in the case of a specific offer (address and name of buyer and seller would be on both forms and it is effective only for that transaction).

Consult your attorney on what your options are. Does he recommend a counter suit? A motion for dismissal?

Unfortunately, under our laws, there is no requirement that the person suing you has to have good cause to sue you. If they don't have grounds, they'll lose their suit, but if they're using a lawyer who gets paid based on funds awarded, there is little down side for them but it will cost you to have to defend, regardless whether you're right or wrong.
1 vote
Ron Thomas, Agent, Fresno, CA
Wed Feb 27, 2013
If we could settle or dismiss your lawsuit over the Internet, we would.
But we are not Lawyers, and we will not give you LEGAL advice.
Perhaps you might want to contact the local MLS and the State Board, or have your Attorney do it.
1 vote
Joyce Lin, Agent, Leominster, MA
Wed Feb 27, 2013
Not having been a party to the transaction, limits the ability to answer your question definitively.

With that being said, Dual Agency only legally exists when both Seller & Buyer agree to it upfront and sign the Disclosed Dual Agency form *before* the property is shown.

Based on what you have written, the behavior is illegal and unethical.

Your Real Estate Attorney should be advising you on this, as they have all the facts at hand.

j
1 vote
Wen Farina, Agent, Reading, MA
Wed Feb 27, 2013
Hi Ackbos,

sorry to hear about what you are going through. It is unclear If there was no agreement on a contract the reasoning for the buyers to sue. However, this is definitely a question for your attorney. Realtors can not offer you legal advice but you should speak to your attorney. .
1 vote
Rafael Herna…, Agent, Roslindale, MA
Wed Feb 27, 2013
Wow. I would definitely speak to an attorney. From what you described, this broker/agent seemed to have done some unethical things. The disclosure documents should have been shown to you from the start.
1 vote
Joyce Lin, Agent, Leominster, MA
Wed Feb 27, 2013
Margie, even if the Listing Agreement includes Disclosed Dual Agency, the Listing Agent *MUST* get both parties to sign Disclosed Dual Agency Form prior to showing the property, for each instance where they are acting as Disclosed Dual Agent.

j
0 votes
Stephen Bour…, Agent, Brookline, MA
Wed Feb 27, 2013
Basically, Real Estate Agents/Brokers are not attorney's and can't give you legal advice. Your attorney will have the best information on this.

Just for reference:
#1) I would say it depends on what paperwork he signed with you. What was the Agency agreement that you signed with him - was it Exclusive? or did it include Dual Agency? Dual Agency must be in writing.
#2) was the initial offer accepted/agreed upon - when did the changes take place and were they initialed?
#3) sounds like "breaking and entering" unless you gave him a key. How did he have access to your living area?

Again, a good real estate attorney is your best resource.
0 votes
Mariana Gals…, Agent, Boston, MA
Wed Feb 27, 2013
From what you've mentioned, I see multiple issues where this agent would be at fault. For starters, the agency disclosure is enough to get him in serious trouble as well as his Principle Broker. The real estate board may suspend or revoke his & his broker's licenses if found guilty. The Principle Broker is responsible for the agent's actions. Regardless of the potential buyers signing the consent form, all parties (i.e. seller and buyer) must be informed (in writing) of Dual Agent/Agency. Also, any changes made to the offer, P & S, etc, must be agreed to by both parties in writing. I feel terrible for what you're going through, however, your attorney will inform you on how to manage the case legally, and best of luck to you.
0 votes
Margie McSha…, Agent, Scituate, MA
Wed Feb 27, 2013
Hard to answer, but if there were changes made did you sign the offer and read the changes, along with initialing them.
Check your listing contract as there usually is something in there about consent to dual agency.
If they wanted to see another property he does have the right to show it to them.
Make sure your attorney has all your paperwork.
Good Luck
0 votes
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