Legal Question in Real Estate Law in California

real estate

If my realtor has lowered my house without my knolage what is my recorse?


Asked on 1/26/08, 5:52 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate

Have you raised the issue with the agent? If that doesn't help, raise the issue with the agent's broker.

Changing a listing price requires the seller's authorization, and usually this is given explicitly in writing on an amendment to the listing agreement. It is possible but unusual to give an agent written authority to use his or her judgment in making price reductons.

If the agent or broker doesn't cooperate (which is hard to imagine), I think your next step would be to make a written complaint to the California Department of Real Estate.

Your ultimate weapon is to refuse to sign a deed or any other papers reflecting an unauthorized offering price, but preferably the problem should be corrected before any buyer comes into the picture.

An agent who exceeds his or her authority is liable to his or her principal for any harm or losses that result, but a buyer might be entitled to rely upon the agent's statements about price, etc. and commit you to making the sale, thus forcing you to sue your agent and his or her broker for your losses.

I suspect there is a miscommunication or some other misunderstanding here; you and the agent should get together and go over your listing agreement and all the amendments to it to see what's the truth here.

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Answered on 1/27/08, 5:52 pm


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