I've been working remotely with a realtor (mostly through email) to purchase a vacation rental condo since February. At the end of February I found a condo online via her web site (the MLS listings) and asked her to check into it for me. Over the course of a week she provided me with information about the condo but kept stalling when it came to sending me photos (her camera was not working). I was very interested in this condo and told her so. After about 5 days of my initial inquiry she called me and told me that the condo was sold. I thought it was odd at the time that she never mentioned a pending offer or that I should make a back-up offer. I was upset because I felt I missed out on a good deal with her stalling tactics. I just found out that she bought the unit. Is this legal? She never disclosed to me that she was also in the market etc. or that there was a conflict of interest. Is there any recourse I can take?

Whether or not it's legal depends on what state you're in and what their agency laws say.

In Tennessee where I practice real estate such behavior by a licensee would be illegal.

http://www.kaarmls.com/

"Duty owed to all parties ( TCA 62-13-403 )

“A licensee who provides real estate services in a real estate transaction shall owe all parties to such transaction the following duties, except as provided otherwise by TCA 62-13-405, in addition to other duties specifically set forth in the official manual of the Tennessee Real Estate Commission or the rules of the commission:

7. (a) Not engage in self-dealing nor act on behalf of licensee's immediate family, or on behalf of any other individual, organization, or business entity in which the licensee has a personal interest without prior disclosure of such interest and the timely written consent of all parties to the transaction."

If her behavior and actions are as you described they would also seem to be in conflict with the Realtor's Code of Ethics:

http://www.realtor.org/mempolweb.nsf/pages/code

"Duties to Clients and Customers

"Article 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)"

I'm guessing you probably did not have any sort of written agency agreement with her and if that's the case she wouldn't have any agency duties to you but would remain obligated to treat you honestly.

Your recourse would be filing a complaint with that state's real estate commission and/or her local board of Realtors.

There may be some other legal recourse as well; I would advise you to consult with an attorney about that.

Thank you for the info. I will take your advise and consult with an attorney.