Realtor texted ..owner replied back threatened to sue....

26 Replies

if a realtor came to know that property at address 'x' may come in market from some casual gossip/talk, the realtor search on google and find the name and contact number of owner and then texts to owner that I am a real estate agent if you want to sell your house then I can help you in selling your house.

and he got reply back, how you got my name and number , I will sue you for breaching my privacy.

Did anyone directly or indirectly faced or heard such type of situation...Thanks

but question is it OK/legal to text owner asking "if she is interested in selling" after getting number from 3rd party like city hall or somewhere else?

Originally posted by @Raj G. :

but question is it OK/legal to text owner asking "if she is interested in selling" after getting number from 3rd party like city hall or somewhere else?

 It's legal

Of course, an listed phone number is meant to be used by anyone so long as it doesn’t break the law regarding harassment or threats.

Do they think every postcard they’ve gotten in the mail from a realtor, Zillow, Opendoor, or any other real estate company was breaking the law?   what do they plan to sue for? $1? A million $’s? What harm have they suffered? 

Maybe they shouldn’t have threatened to sue the guy who called and offered to sell them an answering machine. Then they wouldn’t have had to answer the call. 

I'm a deep cover agent with the super secret board of realtors police force and we are in a van with a swat team down the street from your home, drop everything and run now and you might get away!

Buddy, I wish that was illegal, but, then I wouldn't know any highly motivated realtors...seriously, I get calls like yours 2-10X a week, from the biggest firms in the industry...if it was illegal or they could be sued, I doubt any billion dollar companies would be exposing themselves to such liability...but, im not a lawyer, so you should probably spend a few hundred dollars consulting with one just to make sure, after all you don't want the super secret realtor swat team to come get you, right?

dropping letter/flyer in mail box is illegal that's what I heard, it belongs to USPS and other official mail services, But you can drop flyer on stairs, drive way on car etc.

Don't lose sleep over threatened lawsuits. People say that all the time because they think that will put fear in people. Apparently it worked in this case.

@John Teachout you are right :-)

Reason this is crazy country, have  you heard below story



A woman, driving in her car while holding McDonald’s coffee between her legs, spills some of the coffee on herself. Inflicted with some minor burns, she sues McDonald’s, as if she shouldn’t have known that coffee is hot and driving with it in your hand or legs is dangerous. And then she ultimately wins millions of dollars from the fast food chain — becoming rich due to a dumb mistake that was all on her.

Looppoles, and never use your number to call or advertise anything, also 3rd party, and always ask if they are selling, there is 3 answers I always get, no, yes and I’ll sue you or call the cops guy, the last guy I just tell them to lose my number as I have already blocked theirs. 

If you want to waste your time and test them, then ask them what I ask all the time, if I were to knock on your door and ask you the same question would you be yelling at me that you are going to sue me?

Originally posted by @Jon K.:

@Theresa Harris There actually are laws/regulations against putting fliers in/on a mailbox. Easily google-able and on USPS's website.

 I get them mailed to me and on my door all the time. 

Originally posted by @Theresa Harris :
Originally posted by @Jon K.:

@Theresa Harris There actually are laws/regulations against putting fliers in/on a mailbox. Easily google-able and on USPS's website.

 I get them mailed to me and on my door all the time. 

Mailed to you with postage is fine. Placed by hand without postage is not. Also your door is not a mailbox. The laws/regulations I was referring to deal with putting things in/on mailboxes without proper postage and not specifically about flyers.

Originally posted by @Raj G. :

@John Teachout you are right :-)

A woman, driving in her car while holding McDonald’s coffee between her legs, spills some of the coffee on herself. Inflicted with some minor burns, she sues McDonald’s, as if she shouldn’t have known that coffee is hot and driving with it in your hand or legs is dangerous. And then she ultimately wins millions of dollars from the fast food chain — becoming rich due to a dumb mistake that was all on her.

It wasn't minor burns...
The spreading of "minor burns" was information spread/paid by Mcdonalds to limit its negative exposure

 

@Raj G.

I believe legally if somebody in on the FTC D Not Call list there are greater penalties for a Realtor to make that cold call. I stay away from practice so I don’t remember the rules exactly.

But I think as other have alluded, actually being prosecuted for it is pretty unlikely....

Good luck

Originally posted by @Raj G. :

@John Teachout you are right :-)

Reason this is crazy country, have  you heard below story



A woman, driving in her car while holding McDonald’s coffee between her legs, spills some of the coffee on herself. Inflicted with some minor burns, she sues McDonald’s, as if she shouldn’t have known that coffee is hot and driving with it in your hand or legs is dangerous. And then she ultimately wins millions of dollars from the fast food chain — becoming rich due to a dumb mistake that was all on her.

This case is often referenced to prove how frivolously litigious the US is. While that premise may have some truth, this case is actually a bad example of it. Apparently the coffee was being served so hot (190 degrees, which is much hotter than coffee is normally served) because of a policy McDonalds developed based on consumer research that showed people were more likely to spend additional time/money at their franchises if they had to wait longer for their coffee to cool down enough to drink it (if consumed at the temperature served, it would burn people's mouths and throats). The 79 year old woman got 3rd degree burns on her pelvis, genitals and buttocks which covered 6% of her body and left her hospitalized for weeks as she received skin grafts to repair her private parts. She was partially disabled for 2 years. She initially tried to settle out of court for just her medical expenses to the tune of $18,000 (this was 1992) but McDonalds refused. So she sued, won, and was awarded ~$3M which was later reduced to ~$600k on appeal.

It became the poster child of excessive lawsuits, but was actually a worthy lawsuit in my opinion given the circumstances. She wasn't even the only one to sue McDonalds for their coffee being served way too hot; there were 700 other cases of people receiving 3rd degree burns from spilling McDonalds coffee. McDonalds reduced the temperature of their coffee closer to normal serving temperature (120-140 degrees which won't cause severe burns) after the case.

 

You do have a responsibility to check the do not call list before soliciting.  I would reply with - “So sorry.  I  will remove you from our list. FYI that your contact info is readily available on google.  No ill intent intended. Have an awesome day.”



















@Raj G. Anybody can sue anybody for anything.  It doesn't mean that it's going to be successful.

That said, the TCPA (https://en.wikipedia.org/wiki/...) is something to pay attention to.  That covers the Do Not Call List and includes texting to those who have not given you permission.

If you read that Wikipedia article, there's a case where a group of debt collector companies was fined $75.5M for making automated dialer calls to consumer cell phones.

I'd find a different way to reach out to that home owner - assuming that you actually want to work with her.  She sounds pretty volatile.

@Raj G. As a few others have mentioned, If you are "cold calling" you have a responsibility to check the DNC list. The FTC has been known to track down and levy big fines on unscrupulous telemarketing companies that ignore the DNC list. As a realtor they should know to check the number against the DNC list before making the cold call. But then again some people don't check and probably don't do enough calls to get on the FTC's radar. Good luck!

I’ve been on the list for years and have been receiving calls daily, but for me to call my attorney and actually waste my attorney’s time and mine to proceed with action to sue someone is really a waste of time, but there are people out there that have time and love to sue. I always say if you don’t know the number let it go to voicemail. Get the mail and delete, sometimes it’s people or services that I actually need.