Terminating a contract with a bad real estate agent

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My real estate agent failed to notify me of a valid bid for my property.  He claimed to have opened the bid on a Sunday evening and failed to realize the bid expired on the next day at noon.

He failed in other areas as well. He inaccurately filled out the paperwork for the local Board of Realtors, put up inaccurate information on the local MLS, estimated the value of a swimming pool at $70,000 instead of the actual retail price of $46,999, and quibbled with us over whether to list a new park and library within walking distance of our property.

He was even going to miss our closing. After all that, but mostly because he missed letting us know about an offer, I terminated the relationship.

The new agent sold the house within 120 days, in January during the housing and mortgage market collapse of 2010. I feel the inept agent owes me. What do you see?

Ilyce responds
Maybe I’m missing something, but I wonder exactly how you’ve been damaged in this transaction.

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Did you sell the property for less than you would have with the original agent?  How did you deal with the original agent through all of these mistakes? Did you go to his managing broker to complain and ask for a different agent? How did you even find the agent to begin with? Did you interview several and was impressed with this person’s results? Or, did you pick the first agent in the phone book?

For a lawsuit to produce the desired results, you’d have to start by showing that you were somehow damaged by the agent’s actions. And, that you have a legal right to collect as a result of those actions. A litigator, who specializes in real estate cases, should be able to guide you further.


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