CarolMN said:
I would agree that the broker was most likely not a victim if the same broker agrees to relist. But if the seller were willing to go back on thier agreement with the buyer, I wonder why the seller didn't "stiff" the broker, too. Seems like there are lots of brokers out there, so why relist with the same one? Cheap is cheap and unethical is unethical. Have to wonder if the broker has/had some other leverage with the buyer? Or did they get their commission up front???
Or...get their commission EACH TIME! It DO cause one to wonder, don't it???
I also wonder if the original buyer has a cause of action against the broker? If it were me, I'd complain to that broker very loudly about the re listing and if I was sure it was the same seller and contract, I'd file a written complaint with the BBB even if I didn't have a legal cause of action - that wouldn't cost me anything except the price of a phone call and a stamp.
Or...go to my post on the Disney Vacation Club forum entitled "Problems/fraud in resales." There is a link there directly to the regulatory agency (Florida's Department of Financial Services), and you can fill out an online form and just click.
It may also be possible to go after the property itself, but I'm not a lawyer and don't know whether that can be done in this case. The seller may be on Mars, but the property is in Florida and it might be possible to do something with that. I know, in my law enforcement days, the dopers' lawyers used to always file a
les pendens against their client's property to keep us from seizing it. That's like a lien on the property, which has to be resolved before the property can be sold.
Seems to me there would have to be some kind of legal standing to file that - lawsuit filed or pending, etc. In the case of the criminal defense lawyers, they had filed representation in the criminal case, so they had legal standing to secure their fees.
Of course, in Florida we have John Doe lawsuits, which you can file when you don't know exactly who the bad guy is. Maybe you could file a John Doe relating to that property, and then file a
les pendens against the property. John Doe's also give you subpoena power. Hmmm...
If someone really had blood in their eyes, that might be something to ask a lawyer.