Legal Question in Real Estate Law in California

I am a small investor, I bought a short sale home two months ago and in the last step my realtor said I need to pay 1% 3rd. party negotiation fee and it can't be financed. I really did'nt like what I heard but we were in the last steps so I paid. I am buying another house with the same agent and she is saying I have to pay bank's 3rd. party negotatior fee of 1%. I just happened to run into the bank's agent and he said such thing does not exist. This realtor and her company add 1% add the end of the deal and make it look like this is a bank demand. Who can I cmplain about this? I also don't want to use her for buying this current house I am negotioating with the bank with. Can I fire her? The way I work is that I find the house and I just use her to write the offer. She has not even seen the house yet. Your advice is appriciated, mike S, California


Asked on 2/12/12, 9:08 pm

3 Answers from Attorneys
Neal Rimer Neal M. Rimer, Esquire

I would file a complaint with the Department of Real Estate... http://www.dre.ca.gov/cons_complaint.html

I would also write a letter to the sales person's broker and advise them of the termination of the contract for fraud and misrepresentation with specific facts to show that the person who made up this phony fee should receive discipline and although the broker may not have had anything to do with the phony fee, they may just pay you back due to their lack of supervision of the agent.

Good Luck!

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Answered on 2/13/12, 7:04 am

I agree with Mr. Rimer, and would also sue the agent and broker for the fee you paid.

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Answered on 2/13/12, 2:11 pm
Craig Collins Craig M. Collins, Esq.

We handle class actions. You have an interesting case. What do the documents that you signed say about the fee? Did you read them?

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Answered on 2/17/12, 7:21 pm


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