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agaluk · May 16, 2012, 01:04 PM

I bought a house this past August and a long story short, my agent owed me $2750 and wrote me checks that always bounced. I finally took her to small claims and the judge ruled in my favor. After 2 month, she still didn't give me my money so I did a bank levy on her. She appealed it and claimed that she makes no income and has a 25 year old kid to take care of. Her appeal was based on the fact that she has no spouse? She owns her own real estate business and her son is 25, no longer a dependent. I appealed her appeal and will be going to court soon. Any advice on what I can say to get my money?

Fr_Chuck · May 16, 2012, 01:16 PM

Why did the real estate agent owe you money, Insurance agents don't normally pay us, when we buy a house, we pay them, and that is done at closing.

So first we need to know why she owed the money, that can help in my answer.

agaluk · May 16, 2012, 01:22 PM

I had to write a check for $9000 with the offer (short sale house) and I told them to let me know when they are going to cash it so I can transfer the money. Unfortunately, they never told me and my check bounced. So my agent told me that she had to give escrow a check for $2750 so we don't lose the house. I believed her and wrote her a check to reimburse her. Then she told me that escrow doesn't like to see the money coming from two places and gave her check back. So she wrote me a check back for $2750 but they always bounced.

Fr_Chuck · May 16, 2012, 01:37 PM

Ok, this is somewhat bad, since the agent crossed lines of approved behavior and the agent is never to pay for escrow out of their own money. So depending on the exact law of your state they violated real estate laws

In additional you need to report her to the Department that handles real estate in your state.

But you provide evidence of the bad check, evidence of the judgement against her.

Not being employed and having a son at home should not effect the garnishment one bit.
I will assume she got the appeal only because you did not appear at that hearing.

agaluk · May 16, 2012, 01:57 PM

I actually did appear to the hearing and she didn't. She claimed she didn't get it, but I hired professionals and paid over $100 just to get her served and filed with the court. I contacted her after the court date and told her what happened but she never responded and never appealed against that. She only filled the appeal when the money was going to be taken out of her bank account.

Fr_Chuck · May 16, 2012, 02:19 PM

You should have no problem, I doubt she even shows up, but if she does, just show and prove your case.

I was afraid something else had happened, it is common for a agent to pay or give back part of the commission to make a deal work. That is illegal and if that had happened, you can not collect it, since you can not enforce a illegal contract or action.