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Luvarell · Feb 25, 2011, 10:54 PM

Can a broker be sued if he intentionally did not submit an offer on a home because he too was the selling agent . His client got the home for 25,000 less than my bid.

joypulv · Feb 26, 2011, 03:38 AM

Yes. All offers must be submitted.

Luvarell · Feb 26, 2011, 05:29 AM

Thank you. Does anyone know if this would this be real estate law or litigation law

joypulv · Feb 26, 2011, 06:25 AM

What country are you in?
Also, be sure you have the documentation to prove what happened before you sue. If there is a time span that they can say was locking in the acceptance of the other offer, it might not be worth pursuing.
In the US, you could go through the licensing board of the state this is in to try to revoke the license. If you want damages, you sue in small claims or civil court. I'm not sure what if any damages you can win, so use small claims or consult an attorney.

If this is an agent rather than the broker/owner, I would first talk to the broker.

Fr_Chuck · Feb 26, 2011, 06:47 AM

Of course one would have to understand why he would not give a bid for higher price. As the selling agent he would have made a lot more money with a higher selling price.

Next you gave the agent a signed offer with earnest money to present to the seller ? If not it was not a firm and actual offer.

AK lawyer · Feb 26, 2011, 08:57 AM

So what are your damages?

And can you prove that, had your offer been received, someone else wouldn't have made an even higher offer?

excon · Feb 26, 2011, 09:06 AM

Hello L:

It's very difficult to answer a question that begins with "can", because it only leave us with either a yes or a no answer, and RARELY can real estate problems be answered with such certainly.

So, it's BEST if you tell us who did what to who, when they did it, who got screwed, and what you want to DO about it. Then we can help.

excon

Luvarell · Feb 27, 2011, 11:26 AM

AK Lawyer. I cannot prove that someone would have made a better offer, but I can prove that my offer was intentionally not submitted and that is against the law. All offers must be submitted to the seller and they did not do it because my offer was much higher than their own. They were both the listing agent and of course the selling agent, so they got double commission. I am not a lawyer , but I think I have a case. Deceptive, unfair business practices, fraud. I have all my documentation.

Luvarell · Feb 27, 2011, 11:48 AM

@ FR Chuck Well he was the selling agent on the deal that closed, he would not have been the selling agent on my deal because he was not my realtor, If my deal had closed, he would have only gotten the commission for listing the property and not for selling it. So he submitted his offer, and maybe some others which were lower than his , but not mine because mine was 24,000 higher than his own. And yes, of course we submitted a signed offer with bank copies of Proof of Funds

Luvarell · Feb 27, 2011, 11:55 AM

@ Excon. Ok a Broker-Realtor intentionally did not submit my offer on a property to the seller of the property because he had his own buyer for the property. My offer was much higher than that of his buyer. So if you want to know who got screwed, that was me. I lost the chance to purchase the house because of greed. If he had turned in my offer and mine was accepted instead of his then he only would have made the listing commission and not both the listing and selling commission, because the selling commission had then gone to my realtor. What I want to do about it. I want him stripped of his Brokers License and penalized in any other way I can think of. For manipulating offers and deceptive business practice.

Luvarell · Feb 27, 2011, 12:02 PM

@ Joy thanks for your input. I am in the US. Florida to be exact. I have already contacted the licensing board and also the State Attorney. By law all offers must be submitted. Yes I have my documentation, and I don't think he can claim of any time span to lock in offer because my offer was sent on the same day the property went on the market. And no it is not an agent, it is a Broker-Owner. Any more advice on how to pursue this and make an example of him so nobody else gets cheated.

Fr_Chuck · Feb 27, 2011, 08:20 PM

The seller also needs to be notified, since this has cheated them, and they may actually have criminal charges to file against the agent.

And of course from your side, you can report him to the real estate board but I don't see where you have a law suit or claim for money since you had not monetary loss.

Luvarell · Feb 27, 2011, 08:58 PM

Seller has been notified and they are conducting their own investigation. Real estate board has been notified. FR Chuck, are you sure there is no monetary compensation, I don't believe you always have to suffer monetary loss to obtain a monetary judgement.. Thanks for your input.

Luvarell · Feb 27, 2011, 08:59 PM

@ excon. Ok a Broker-Realtor intentionally did not submit my offer on a property to the seller of the property because he had his own buyer for the property. My offer was much higher than that of his buyer. So if you want to know who got screwed, that was me. I lost the chance to purchase the house because of greed. If he had turned in my offer and mine was accepted instead of his then he only would have made the listing commission and not both the listing and selling commission, because the selling commission had then gone to my realtor. What I want to do about it. I want him stripped of his Brokers License and penalized in any other way I can think of. For manipulating offers and deceptive business practice

joypulv · Feb 28, 2011, 03:35 PM

I deduced the part about getting less commission on your higher offer. (You should have told everyone, however, that he was the listing broker and your agent represented you from another agency - right? Or within the agency? There would still be a split, just how many times.)
Anyway, you presented an offer and a deposit the day it came on the market, all legit, all with whatever if any mortgage commitment was required by the owner, I presume.
So when did the other offer get accepted? How are you going to prove that the other offer wasn't in the works while yours was being faxed or driven over to the seller's broker and then to the seller?
Brokers are rarely dumb enough to flagrantly risk their licenses this way if they can say that the time stamps on the fax or papers show that one was accepted before the other.

Luvarell · Feb 28, 2011, 03:57 PM

Yes you are right and they always have an excuse to cover themselves. The broker will not voluntarily give any of that information, he will probably just do things a little more carefully next time. I will report him to the Realtor assoc for violation of code of ethics. Standard 1-7 When acting as listing brokers , realtors shall continue to submit all offers until closing unless the seller has waived this obligation in writing.

joypulv · Feb 28, 2011, 09:03 PM

The code says 'until closing?' Closing refers to the minute the property changes hands. Offers must be submitted until the seller accepts an offer, or stops accepting any offers.

Luvarell · Feb 28, 2011, 09:14 PM

Yes , that is what the code says . You can Google it or check it out on-line. Assoc of Realtors Code of Ethics. Article 1. Standard 1-7.