Legal Question in Real Estate Law in California
I recently saw a home I really liked and emailed the agent stating I am a real estate broker and would allow her to represent me if she credited 50% of the commission back at escrow as a credit. She responded with “Love to help .....but.... They have already turned down $600. There was also a full price offer. The buyers in that situation couldn't qualify. How about a higher number? You can always include the stipulation that the house appraises at full purchase price?” We then began emailing and speaking back and forth regarding the offer I should write. On the phone I said that I would likely get about $15K back as a credit and she agreed. We wrote up the offer with her representing me, and then she sends me an email that the Seller’s will respond the next day and that she will only give me 20% or I can represent myself. She wouldn’t pick up my call, and therefore I rescinded the offer and represented myself. I feel that she put me at a disadvantage and recommended her seller accept another offer which was on the same terms. Is this some type of breach of her duties or unethical dealing that I can file a complaint with the real estate board? I am very upset that I lost the property and every email I send to her she replies with a snide comment. Any help would be appreciated.
1 Answer from Attorneys
You're a real estate broker and you didn't get a broker's fee sharing agreement in writing with her? You should know better. I'd send you snide comments too.