I have an advertising agreement with a realtor who did not pay most of his bill and gave us knowingly false promises to pay in emails, on the phone, and shaking our hand in person. Now, we’ve sued him in court. He claims he’s filing bankruptcy, even though he promised payment one week before we filed… seems like a quick turnaround to be suddenly filing bankrupcty. The reality is, as to date, he has yet to file. What are the ethics rules for realtors dealing with the public in non-real estate transactions?
I am aware I need to file a discplinary complaint; what I’m asking is if it will stick, and why.
The same as any other relationship. Make him go to court and present BK paperwork showing your firm listed at one of th creditors. If he can’t you may get a judgment but good luck collecting.
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The same as any other relationship. Make him go to court and present BK paperwork showing your firm listed at one of th creditors. If he can’t you may get a judgment but good luck collecting.
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Call his broker and let him know he did not pay you.
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I would contact the Broker in regards to this agent because the Broker is just as responsible as the agent even though the agent does his own advertising. Ethics and morals come into question because he advertised to the public and charged his seller for the advertising. This is where non-real estate transactions become a legal issue. He is telling you what every agent when they get into trouble say. His broker is probably not aware of his agents actions and that is where both licenses will be affected. Contact the state board as well and get it on record what has happened. The DRE will look into the whole situation and make a decision as to what happens with the broker and agent licenses. They will be reprimanded and could be fined, they also could have their licenses suspended.
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16 yrs real estate
Transaction Coordinator
New Agent Trainer
Title & Escrow
Loan Originator/Processor/Signer
Foreclosure Consultant/Solutions
FSBO Specialist
This is not tied to ethics in regards to him practicing as a Realtor.
However, just take a little pride that the dead-beat will probably lose his ability to work because of the bankruptcy. Realtors are required to be bonded in all but just a couple of states…and if you have a bankruptcy or judgement against you…you get to keep your license, but usually can’t practice without getting bonded…which leaves you without a job.
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If he/she is a member of the local association, then this is who you need to call. They govern code of ethics. Tell them you would like to file a grievance. I would also call the real estate commission in the state that he/she is licensed in.
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