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Question about my Real Eatate Office in Michigan?
I had a contract with a Real Estate Agent to help me sell my property. It was a very small sale and I wanted cash. This Real Estate guy kept calling me with deals people wanted to make with a couple thousand dollars down and a land contract. I kept saying no that I wanted cash. Finally there was a buyer with an offer I agreed with, so a purchase agreement was done. Over the telephone I agreed to sell. My daughter-co owner and I met with the Real Estate man at that property. Real Estate man had added a name to the purchase agreement. I had NOT been told that information. Another thing he did was decide if the buyer paid off the contract early he could subtract $1500.00 from the purchase price. Then the first guy I agreed to sell to did not want his name on any paperwork. So the red flags are flying high after all of this. I asked my Attorney if I could fire this Real Estate Agency and he told me no. The Real Estate guy went ahead with that purchase agreement. Was to set up a closing. That closing never happened. I got no contract, no papers and no money. BUT my Real Estate Agent gave my keys to the person HE had added to the purchase agreement. Those people went into my property, threw away my belongings and moved in their appliances and furniture and started painting. I spoke with the Broker about the law being broken. He knew he was in trouble. He sent me a letter to void our sales agreement. Can I sue this agency for misconduct and giving my keys to people I didn't know?
I never agreed 2 sell 2 the person who threw away my belongings & moved in their appliances & furniture, I took pictures of their stuff. I am told in the letter voiding our sales agreement that even tho THEY quit on me, I can not sell 2 the original man I agreed to sell the property 2. Why?. That agency did me wrong, I heard from that prospective buyer that he is going to file charges against the agent and the broker. Why can't I sell to whom ever I choose? Agent left the door open heat on
1 Answer
- 7 years ago
Your RE agent has an absolute duty to act in conformity with the agency agreement. He cannot obligate you to sell the property under terms you did not approve, and if he breaches the agreement, it becomes void and you have no further obligation to him. It certainly sounds as though he has failed to carry out his fiduciary functions and may well be liable for damages. The first thing you need to do is change all the locks on the property and secure it. Then go to the local board that regulates real estate agents and file a complaint and ask for mediation on payment of damages. He probably has liability insurance, so you should find out who holds his policy and get in touch with them. If you don't get satisfaction there you can go to court and sue his *** off. Don't worry about putting him out of business- it sounds like you would be doing the world a favor.