Legal Question in Real Estate Law in California

is it legal for the sellers agent to manipulate the buyers offer by telling that she has another offer and reveal the amount of the offer to manipulate a higher bid and is there anyway to find out.?


Asked on 7/22/11, 5:53 pm

1 Answer from Attorneys

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

The Code of Ethics of the National Association of Realtors, Article 2, says, "Realtors� shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating the property or to a transaction." I would say this covers misrepresentation of competing offers.

Also, a broker or agent commits intentional misrepresentation by suggesting as a fact something that is not true, when the broker or agent does not believe it to be true. See Civil Code sections 1572(1) (fraud) and 1710(1) (deceit).

A real estate licensee can have his or her license suspended or revoked by the Department of Real Estate for making misrepresentations of fact during the course of a deal; see, e.g., Business & Professions Code sections 10176(a), 10177(j), 10177.5, etc.

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Answered on 7/22/11, 9:17 pm


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