OK, I wrote a contract a few weeks ago on my own listing and everything was fine, we had passed the inspection contingency and was approaching the close date.

Then all of a sudden the buyer's attitude changes asking for certain documents like an "Affiliated Business Disclosure", etc... things that a first time buyer wouldn't ask for (My company doesnt require those), so now it has become VERY obvious that another agent has wiggled their way into the mind of my buyer.

So 5 days later, the buyer has decided that after realizing they can't get out under the financing contingency, or the inspection contingency (which was removed over a week ago), they are getting out because she "didn't realize the family room was so small because she only saw it during the nighttime" (never mind you saw the property TWICE)

So after creative questioning, I find out that YES, another agent has talked her out of the deal, advised her on the contract and ways to get out of it and I have the name and company of the offending agent. This is obviously a no-no under State License Law and Code of Ethics, but my question to you is, would you pursue it and follow through to punish the agent even if it means they lose their license?

Oh......I don't know, it seems like its a buyers agent who just loves to convert buyers.... Or an agent who doesn't want to see you get both
sides.

What would an attorney do?

Good luck though


P.S. It's a jungle out there!

Let me ask you this, would you prosecute someone that broke into your home and stole money out of your drawer? Of course you would.

In my opinion this is no different.

**but my question to you is, would you pursue it and follow through to punish the agent even if it means they lose their license?**

Absolutely! If this agent loses his/her license, you didn't do it....they've done it to themselves.
If you don't pursue it, you'll be sending the message that his/her behavior is okay. If that's the case, don't be surprised when you someday learn that agent did it again, or worse, to another agent someday (maybe even YOU again).

First of all, your buyer's most likely can't get out of the contract unless the seller agrees to it. They can in the best scenario lose their earnest money, or worst be sued for specific performance. I would try to hold their feet to the fire there. Secondly--I hope you nail that agent.

Hell yes!
--A

I would do both. Make the buyers perform the purchase as the contract states. Report the agent to your local board for ethics vilotions. Most likely the agent will get a reprimand unless its not a first offence.

I would DEFINITELY report the other agent. If s/he did this to you then chances are s/he will do it again to someone else unless they are reprimanded. I would do it.

I second Terry. The buyer has nothing to back out with. They need to buy. The other agent interfered with your agency relationship. They need to have an ethics check. Might be a fine, might be probation, whatever it is - doesn't matter. It just needs to be reported properly.
--A

You need to hold the buyers feet to the fire and get your Broker involved in this as well. Sounds like the buyers have no legitimate reason to withdraw from this contract.

The other Realtor or agent needs to be reported immediately to your local board and to the state. Do not back down as this agent needs to lose their license.

Montanaland,
Have you ever heard the term interfering with a contract? It you think nothing wrong was done here you need to read your Code of Ethics!

Exactly... and it also reflects badly not only on them but on other agents. => Makes all of us look bad. Not good.

You have an executed contract! Period, end of the story!!! You stated the following:
Then all of a sudden the buyer's attitude changes asking for certain documents like an "Affiliated Business Disclosure",This is the Buyers right, did you supply? etc... things that a first time buyer wouldn't ask for (My company doesnt require those), so now it has become VERY obvious that another agent has wiggled their way into the mind of my buyer.

So 5 days later, the buyer has decided that after realizing they can't get out under the financing contingency, or the inspection contingency (which was removed over a week ago), they are getting out because she "didn't realize the family room was so small because she only saw it during the nighttime" (never mind you saw the property TWICE)
They can`t get out of the contract based on what you`re describing, nor should they be let out. As for another realtor, why not report that person to your local board?

thanks for the imput. Now I don't feel guilty for following through with the other agent.

And yes, I supplied everything a standard contract requires, she just never kept copies and once she met agent # 2 who wanted her to break contract so she could make money off her on another deal, that agent asked about all the items my buyer never kept copies of

I'm not an attorney and I would never attempt to give legal advice, however, you might look up the term "TORTIOUS INTERFERENCE" and it's application to your current situation.

Bad things can happen to people that interfere in business relationships, not necessarily limited to punishment under licence laws.

An Affiliated Bussiness Disclosure has nothing to do with a purchase contract. It's only a disclosure between broker and buyer/seller. It sounds like the other agent doesn't know much of anything, let alone ethics violations. They sound desperate, get 'em out of this business, they are not wanted or needed! If the buyer gets out of the contract, you are the one who is going to look bad to your seller, and they may choose to let you go. Stand strong on this one, your sellers are represented by you and are depending on you! Good luck!

My thoughts exactly, real estate aside, this kind of activity is illegel for a third party to get in between two parties with an agreed upon contract.

-J

Without a doubt. That's the only way to weed out the "bad apples".

Yes; in a New York second!

The chances of them actually losing their license is pretty slim but they need to have some sort of disciplinary measures applied or else they will continue this behavior.

It's up to us to file complaints with our board and the real estate commission if necessary.

If we don't take the initiative and do something about it chances are nothing will be done unless some member of the public that is harmed becomes angry enought to file a lawsuit.

Do your part to help make this a better profession.

Wow...it's unreal what some people will do. I would also contact the agents broker and explain the situation. See how the broker will deal with that person. Most brokers will take action because they know they are also on the line when it comes to their agents behavior. But definitely report that agent. That behavior is just horrible. Good luck.