Legal Question in Real Estate Law in Arizona

I am currently short selling my home. I contacted a company which agreed to list my home, as well as a related investment arm that put in an offer on my home right away. I executed a listing agreement and a purchase contract for the home. The offer was submitted to the Bank for their approval. It has been approximately 90 days and the Bank finally responded with a 'no'. In the mean time, I have asked the realtor why I can't find my home listed anywhere. I checked MLS, and nothing. She then gave me an MLS #, and I looked it up..still nothing. I think that they were intentionally not listing the home so that no other higher offers could come in and they could low ball the offer. Is this some sort of fraud that I should be investigating further? I executed a listing contract, and I don't believe they ever listed it, just so that they could make it look like their bid was the only bid in hopes the Bank would accept it. Please help.


Asked on 7/08/10, 8:08 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Yes, you should investigate and determine exactly what the facts are and what they have done in dealing with you in the manner you describe. What action you can take depends upon the actual facts and then it is also a matter of what damages you have suffered, if any.

Once you have the all the facts, then you should consult with an experienced attorney to learn what your options are and what claim(s) that you might have.

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Answered on 7/09/10, 7:34 am


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