Legal Question in Real Estate Law in California

A real estate agent complained to the MLS and DRE about a property our company had for sale. Supposedly his agent reached out to our office and did not hear a response. She called a few different times, still no response. Then her client called the agent directly and still did not receive a response. Turns out our agent was out of the office for a few weeks and didn�t return his email until he was back. By the time he was back the property was already in contract. The MLS was updated to show pending on 9/15 but the contract was actually executed on 9/1 and should have been pending then but since the agent was out it was delayed. The client who complained is an attorney and flipped a lid and wrote a complaint to the DRE and MLS and said that we breached our fiduciary duty to our client by not presenting his interest to the seller (although he never wrote an offer and it was already pending, the MLS told him we had no duty) and that we breached our ethical duty to work with other agents.

I have to respond to the DRE and the MLS, what salient points should I include? I find this to be ridiculous that I even have to do it.


Asked on 12/07/12, 6:04 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Why wasn't another agent made available to respond to inquiries while the agent was on vacation? Doesn't the broker like making any money?

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Answered on 12/08/12, 12:18 pm


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