Filing a complaint against a Realtor

[Hillbeans]

Has anyone ever filed a written complaint against their Realtor with the state board?

What was the outcome? Were you satisfied with how things were resolved?

What sort of proof did you need to provide of wrongdoing?

We are going to be starting this process for a home we had listed in which the Realtor and/or agent has done something highly immoral and possibly illegal. We have some written proof and some witnesses. We're not looking for any compensation however we want to make sure this never happens to anyone again.

Thanks!

 

[kbkids]

Has anyone ever filed a written complaint against their Realtor with the state board?

What was the outcome? Were you satisfied with how things were resolved?

What sort of proof did you need to provide of wrongdoing?

We are going to be starting this process for a home we had listed in which the Realtor and/or agent has done something highly immoral and possibly illegal. We have some written proof and some witnesses. We're not looking for any compensation however we want to make sure this never happens to anyone again.

Thanks!

I have a good friend in the middle of a lawsuit right now with her realtor - it's kinda getting ugly. BUT, I would contact an attorney and just ask them. Even though you aren't out to sue them, I'm sure they could give you some good advise on the best direction to go. My friend went through three attorneys getting advise before they decided to sue, and she was never charged until they made the decision to go to court.

 

[Disney Doll]

I assume you have gone up the chain of command in the realtor's office/ company, correct?

Most states have a Board of Realtors, and they all have an ethics commission. They could probably tell you whether or not the realtors' behavior was illegal/unethical.

Be quite sure that there have been legal/ethical violations before proceeding, or you might find yourself countersued.

 

[JennInTN]

Violations regarding license law or regulations are filed with the state office that issues the real estate license. They are called different things in different states. And most have an online Complaint form. And yes, they are all reviewed. Most Commission's meet once a month.

If, in fact, the individual is a REALTOR® )a member of the National Association of REALTORS®), they must adhere to the REALTOR® Code of Ethics. You may file a complaint with the person's local REALTOR® association/board if you suspect there is an ethics violation. You contac teh local REALTOR® association. A form is sent to you and you fill it out. You must specific which Article(s) of the Code fo Ethics have been violated.

These are two very different things.
Only the state licencing commission or board can reprimand a licensee for illegal activity or wrongdoing. The REALTOR® association, if a specific violation of the Code has occured, may reprimand them. A REALTOR® association may not "take the license" of a member for doing something wrong...but if it's bad enough, they may have their membership suspended or terminated.

The Code of Ethics is a "step beyond." Just like any profession's Code of Ethics.

 

[malibuconlee]

Not sure what the issues are, but have you contacted the broker of the office you're dealing with? Each office will have a broker under which they are licensed.

Start with the broker. They will want to know what is going on. If they don't satisfy you, then go to the local board as well as the state licensing authority.

 

[Hillbeans]

Thanks to everyone for your replies.

Long story short, we have/had an out of state property for sale for close to 2 years. We've used a few different realtors and had it on and off the market for awhile. The house is in a sleepy PA town and we've been told all along from the realtor that there is little to no interest in the home and to drop the price more, etc.

Then a letter comes in the mail to us from a person who has been trying to get in to see the house since early November. He has been treated terribly by the realtor whom had cancelled 4 showings to this gentleman for no good reason. Frustrated, this guy somehow found (us) the owners of the property and wrote us a letter telling us that he's been trying to view and buy this property for months but our realtor WILL NOT show him the home - we think because it's a 30 minute drive from the realtor's office and the price of the home won't net a large commission. Their contract expired 12/30, and they were telling anyone who called on the property since that day that we "took the home off the market due to a death in the family" which was a complete outright lie.

Anyway, we arranged to show this gentleman the home ourselves on Saturday through another family member, and we had another person stop by at that same time to say they also had interest in this home and wanted to buy it on the spot. Hmm...2 offers in one day?

DH called the manager of the Real Estate office and voiced his displeasure in how they've treated this listing. If this guy didn't send us a note telling us what went on, we'd have believed the realtor and the lies they told us about having no interest in the home. They've failed to return calls, cancelled numerous viewings and have "made" us lower the price of our home to generate more interest when there obviously was interest in the home at a higher price. In addition, they told potential customers that we took the listing off the market (again, a lie) because of a death in the family (lie, and they're informing a customer that we may be in a compromised position to take an offer because of a death of one of the owners).

Again, I don't know if those things are "illegal", but if they're not illegal, it sure is on the borderline. Of course the owner said he'd talk with the realtors and that customer service is their specialty, etc, etc.....and they'd get back to us (oh, and that they don't have any claim to the gentleman who contacted us to buy the house).

It's just frustrating dealing with this nonsense....

 

[mickeysgal]

Your best reaction against this realtor for doing this to you is to sell it on your own so that they received $0.00 commission. Hit them where they live. File the complaint if you want, but if you can avoid it, I wouldn't give them a dime off the sale.

 

[Chicago526]

Yuck, what a mess! No advice, just Have you been able to sell it on your own, and at least save yourself the commision?

 

[Hillbeans]

Your best reaction against this realtor for doing this to you is to sell it on your own so that they received $0.00 commission. Hit them where they live. File the complaint if you want, but if you can avoid it, I wouldn't give them a dime off the sale.

I completely agree with you - they are not getting one cent and don't have any claim to this customer - my husband even verified that.

Unfortunately we dropped the price another $4K since the time that he first contacted the realtor not knowing what was going on.

EDITED TO ADD - Yes, that gentleman made us an offer on Sunday that we accepted, and we have a second buyer on deck in case this first offer falls through - this was done all directly through us - so there is a bit of good news in all of this.

 

[Chicago526]

I'm no lawyer, but you may be able to sue them for breach of contract. Not sure how hard it would be to prove though. DEFINATLY lodge a complaint with any relavent agencies and the BBB. And tell anyone in that area who will listen how BAD they were!

 

[mom2boys]

Write to you Board of Realtors. We did. Nothing happened but at least there is a record of our complaint. In my state, one or two complaints apparently don't mean much. But each one adds credibility to the others.

No offense to the realtors on this site but we have run across some true low life scumb realtors/brokers. I know of only two that I would even speak too and unfortunately neither is local.

I assume you have gone up the chain of command in the realtor's office/ company, correct?

Most states have a Board of Realtors, and they all have an ethics commission. They could probably tell you whether or not the realtors' behavior was illegal/unethical.

Be quite sure that there have been legal/ethical violations before proceeding, or you might find yourself countersued.

Wonderful theory. In our personal experience, the "chain of command" didn't care about the highly unethical behavior of our realtor because he was a top producer. 2 years later we are still dealing with the reprecussion of this unethical slime ball & his company - a nationally recognized name.
Unfortunately, we are going to forced to hire a realtor/broker again in the near future. We just don't trust any of them anymore based upon our personal experience.

 

[mickeysgal]

I completely agree with you - they are not getting one cent and don't have any claim to this customer - my husband even verified that.

Unfortunately we dropped the price another $4K since the time that he first contacted the realtor not knowing what was going on.

EDITED TO ADD - Yes, that gentleman made us an offer on Sunday that we accepted, and we have a second buyer on deck in case this first offer falls through - this was done all directly through us - so there is a bit of good news in all of this.

Thats the problem with selling from a distance. You're completely dependent on what they "say" they did. Its hard to trust someone who's primary concern is to themselves (commission). Guess they wanted the easy work of listing and sit back and collect the commission without doing any leg work to get it sold. Its hard enough monitoring a home sale of a home that you're living in not to mention a property thats not under your watchful eye. Good luck to you. Hope all goes well with your buyer (and the one waiting in the wings). What a mess!

 

[Chicago526]

Unfortunately, we are going to forced to hire a realtor/broker again in the near future. We just don't trust any of them anymore based upon our personal experience.

Can you try to do it FSBO? You can sell it yourselves, save the commision, and not have to deal with a realtor. You'd just need a really good lawyer that specializes in real estate deals. My friend did that and it worked out fine, didn't hurt that the lawyer was her SO's uncle, though!

 

[jenks0718]

I am a realtor and no I am not a low scum bucket or whatever.

I wouldnt pay the realtor a cent in this situation either and I would file a formal complaint with the Board of Realtors.

With that being said, I just dont understand what this realtor's motivation was by not showing this house? They didnt want to make money? Little commission or not, why take a listing and not show the house to anyone? If she didnt want to drive the 30 minutes or so she could have just refused the listing. Something is strange about this realtor or there is more to the story. IMO

 

[Hillbeans]

I am a realtor and no I am not a low scum bucket or whatever.

I wouldnt pay the realtor a cent in this situation either and I would file a formal complaint with the Board of Realtors.

With that being said, I just dont understand what this realtor's motivation was by not showing this house? They didnt want to make money? Little commission or not, why take a listing and not show the house to anyone? If she didnt want to drive the 30 minutes or so she could have just refused the listing. Something is strange about this realtor or there is more to the story. IMO

Well what I *assume* the issue is may be twofold. The home was in great shape and we had spent money redoing the kitchen, bathrooms and flooring. The price of the home was comparable to others that had been for sale in that town . The home sits on a small property (even though it's a 4bed 1.5 bath home) and people may not have realized just how small 1/10th of an acre really is if they're looking for a home with land. Second, the house behind and to the right of our home was in terrible shape and they had kept some unsightly things like piles of tires and aluminum cans in their yard.

Every person seeing the house months ago said "The house is great except for the small yard and junk in the neighbors yard". We spoke with the neighbors and they had cleaned up some of the junk at one point, but we can't monitor everything a neighbor does or tell them what to or not to keep in their yard unless it's illegal.

What I figure is that the realtor got sick of driving the 30 minute rural drive to and from the home hearing the same comments for the past 6 months and just decided not to show it anymore for the small comission a lower priced house would bring him. That's just my thought - but he hasn't even returned our phone calls even after we called his boss.

 

[JennInTN]

Hillbeans,

Consider filing a complaint with the PA Real Estate Commission. Since I don't know the rules of the commission, I don't know if there is a violation. You have proof in writing that the REALTOR has not been honest, and in most states honesty is policy (seriously).

Also, find out the name of the REALTOR's local board and contact them in order to file a complaint.

I look at it this way, you've aleady been burnt by this individual's lousy business practices...Would you want someone else to have to deal with them? Far too much bad business gets swept under the rug, and will continue to if "bad people" don't have their feet held to the fire.

 

[Talking Hands]

I would make a complaint to the Department of Professional Regulation or whatever is the equivalent in your state. These are the ones that can rescind his license if he is found guilty of unethical behavior.

 

[Disney Doll]

Write to you Board of Realtors. We did. Nothing happened but at least there is a record of our complaint. In my state, one or two complaints apparently don't mean much. But each one adds credibility to the others.

No offense to the realtors on this site but we have run across some true low life scumb realtors/brokers. I know of only two that I would even speak too and unfortunately neither is local.


Wonderful theory. In our personal experience, the "chain of command" didn't care about the highly unethical behavior of our realtor because he was a top producer. 2 years later we are still dealing with the reprecussion of this unethical slime ball & his company - a nationally recognized name.
Unfortunately, we are going to forced to hire a realtor/broker again in the near future. We just don't trust any of them anymore based upon our personal experience.

Well, unfortunately, as with most professions, there are good and bad.

In general, any good real estate firm will be receptive to and interested in correcting any displeasure you may have, especially if it is a situation like the OP described, which is clearly at the very least an ethical breach and may also be a contractural breach. Believe me when I tell you that there are good realtors out there who are trying to make a living and help you get a house you love or sell your house for a fair price.

If the chain of command doesn't care, then it is a bad firm, and your best bet then is to go to local and state boards of realtors.