Well, there are different forms of notarization; not all require the actual person to present him/herself. We don't know what that document was, although the OP has been asked. The OP also says that he never received a copy of the contract, but he'd have to have signed it for it to be a contract. There are still many unanswered questions before we can decide to (figuratively) burn this agent down.

But if true, I don't think revocation would happen. An agent practically has to gut a consumer or perpetrate an egregious fraud to get revoked. Probably a fine, reprimand, probation and extra CE classes. The notary would be in the most trouble.

Fair enough, all valid points. Clearly we need more information (preferably factual and unbiased) in order to make more sense of what is a very one-sided version of the story.

Sorry I was off for a bit....
I'm trying to go through all the responses....

As far as the buyer entering the home....she was given the key code, then allowed to have our key....with no one from the agency to oversee anything being done. We get the measuring and such....but no one asked, supervised...nothing....we didn't know that as a potential buyer we could just enter a house whenever we wanted too....we always had to have our agent called their agent...we never just went on our own. We asked out agent to ask for notification....we asked our agent to be available to the buyer....

My neighbors saw the vans/work trucks....they saw the painting being done....our agent confirmed this done...the work was done before even notifying us....I thought if a buyer wanted something changed....they had to ask the seller first?

Our agent called today....asking for us to email giving her the "okay" to relist the house that she already relisted and supposedly had 2 showings yesterday and one for tomorrow. We're not doing this....we're scheduled to meet with a new agent this weekend when we go down there. She then proceeded to inform us that she once had a client in a similar position who had to take the buyer to court to get the earnest money back...and that process took 6 months and we shouldn't go after it (we had to pay someone to go turn the water back on that the buyer turned off, we need to replace 90% of the lightbulbs inside the house b/c the buyer left them on when she locked up....once we heard we asked our agent to go turn them off and she never did, and now we have to have the locks changed because we don't know if copies were made....extreme yes but we would rather be safe than sorry....and then add in travel expenses.....)

Overall, we just feel like the process off this time around....the buyer was in full control of everything that went on....oh, and the notarized statement....I honestly forgot what it was...I don't have it in front of me at the moment....

chip, you've been far too passive with this (former) agent.
YOU are the employer. would you let your employee treat you this way?

the agent should advise you of your options...she cannot make decisions for you, and she should not dictate any firm course of action or offer legal opinions. only a licensed attorney can give qualified legal advice.

Seriously, without you giving permission in writing for the changes made to your home, and, giving the buyer the lockbox code, and, giving her the key, this agent is probably up a creek. Perhaps she won't lose her license, but she will be fined, reprimanded and made to take additional educational classes at the least - if she wants to keep her license.

I'd seriously recommend you considering filing a complaint with DPOR in Virginia. You may not have been the only victim of hers, and, you probably won't be the last unless someone like you files a formal complaint.

I just PM'd you.

"made to take additional educational classes"

that is truly a horrible punishment. LOL

The EMD should be released to you NOT because you've had incidental expenses or expenses that you shouldn't have born, but because of the contract terms. The buyer walked after blowing her inspection period and accepting the property "as is". You need to be real clear about this. The ONLY time the buyer can get her EMD back is if she walked during the inspection period, or couldn't get financing, or she disapproved of repairs that you agreed to make, or she, during the inspection period, asked for repairs that you would not make. NONE of those things happened. You really have to be clear on this or you're not doing yourself any favors by not understanding the nature of the transaction. It makes it easy for the agent to continue to abuse you or get around you. You're not saying the right things to spook this agent.

The NEXT thing you'll hear if you don't appropriately cancel the listing agreement and get a release, is that this agent has a buyer, ready, willing and able. And maybe she'll tell you'll you owe her a commission, too. And you'll be back here again.

Because, you're not saying that you're cancelling the listing agreement. You're only saying that you're not giving her permission to relist the property on MLS or otherwise advertise it for sale. Vastly different things. Absent a cancellation from you, and release from the boker, the agent still has the listing agreement (Exclusive Right to Sell) whether it's publicly listed/advertised or not. You can't ask another agent to list the property while another broker has the Exclusive Right to Sell.

The real punishment (other than fines) is if they are found guilty, the transcript is published online. The public can read it all - they just need to know where to look.

One agent listed a property for sale (spouse wasn't licensed at the time but she was doing licensed duties - duh!). They bought the sellers' house and then immediately turned around and sold it for $50k or so more. You think the original owner didn't get wind of that one? Duh! Right there, I think he should have lost his license, but, he was fined, 'educated' and sent out to do harm again. Ripping someone off financially should be about the worst crime there is. The public is asking you to get the MOST money for their property and an agent buys it from them for far less and immediately sells it again for a much higher price. Geesh! This was before the foreclosure crash.