On June 4, 2004, after speaking on the phone, informing my real estate agent, that I had pending legal issues, and to hold off from putting the For Sale sign up on the front lawn for a day or two...He appeared at my door with the sign.

(My Mother's Estate left to us, Her 4 Children in a Living Trust)

He stood in my living room, assaulting me verbally with profanity, and threatening me, that if I did not allow the transactions to proceed, that the Sheriff would come over and drag me out of my own 1/4 share interest, in the property.

This occurred after him coming over giving special people that he wanted to give a "sneak preview" to. Telling me that before the property was to be "listed."

He told me that one of the 5 had made an offer.
He told me to "accept" the "offer"
He said that the offer of $390,000 was fair market value.
He wrote up a contract and then it said the offer was to be $380,000 and that "he wanted to give the kid a good deal" He also told me that all of my other siblings had already signed. My brother Demetrius told me that he told him the same thing...Either of us had signed.

I refused the offer but was forced to signing the settlement agreement...under duress and against my will. I have that statement documented with the Public Notary there at his office ON RECORD.

I called him up and told him to List the Property on the OPEN MARKET, the offer was TOO LOW and was NOT the fair market value...

He keeps saying one thing and then another and another ...and so on...till it meets HIS OWN BEST INTERESTS...

He did not provide me any cancellation of that agreement and did not bother to ask any of us what to List as...the next thing I know there is another OFFER for a few bucks more to another real estate agent...

He had posted it June 4 and took it off the market listing on the 9th....
It is not currently listed anywhere...but the sale is pending according to him.

When I discussed that I had thought his usually % in commission was 4 % HE WENT INTO A RAGE...AND SAID " I AM TAKING 6%"

Needless to say...I am fired him, and one of my brothers also has....

What legal action can I pursue against him and his fauldulent activities and misrepresentation and just ... what we are calling "trying to steal our inheirtance from us"...WHAT IS THE NEXT STEP FOR ME TO TAKE...

It's people like this that give the entire profession a bad name.

First off, since the laws vary between states, I can only speak for CA.

In CA, there are 2 contracts you need to be concerned with:

1.
Did you guys sign a listing agreement with the agent ? If yes, the commission is included within this document. If he wrote in 6%, then that's what your required to pay if he brings you a buyer ready/willing and able within the period of the listing.

2.
Did you accept an offer (purchase agreement). The purchase price would have been included in that document. If you accepted the offer at a purchase price of x, then you created an enforceable/valid contract.

However, if either of these were signed under duress, they are unenforceable.

If this info does not apply to your state/country, perhaps you can tell us where you live and someone from your area can help explain your particular obligations per your local RE law.

Thank You so much for the immediate reply, Yes, We are in California.

This Agent, KNEW I signed under duress, and still proceeded with the agreement as though all was a go...
Like my statement under duress and against my will meant NOTHING...
I was Grief Stricken, in shock...

Yes, It is time with the Market exploding to sell the property...2 of us don't want that agent anymore, is that enough to fire him ?
and be released from the contract ?

Where in CA are you ?

Also, what company is this that's giving you this unacceptable level of service - I'm curious.



[This message has been edited by mfortner (edited 07-01-2004).]

Find out if this guy is even licensed to begin with. If he is, contact the licensing bureau for your state and file a formal complaint. If he is calling himself a Realtor* (tm), contact the local board of Realtors and confirm that he really is a member. If he is, file a formal complaint with your State Board of Realtors. You may very well want to talk to a lawyer as well.

It sounds like this guy isn't just unethical and doing things that are illegal, but might legitimately be crazy. I'm sorry you've had to deal with this.


*A Realtor is a member of a professional trade organization who's members subscribe to an elevated code of ethics. Not all agents are Realtors.

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Lynn Bernardi
GrossePointe-Realty.com
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