Realtor double ended and commited fraud?

Realtor double ended and commited fraud?

Member since 2020 · 404 posts · 235 votes

Here are the details. I been in escrow for the last 5 months on a duplex in Los Angeles where I used the listing agent to represent me. I wanted the units delivered vacant and the realtor expressed to me that the seller would only be able to do that if I came up with Cash for keys incentive money. I agreed to the terms and offered to compensate the sellers at end of escrow for $5k that would of been used for the cash for keys agreement.

Now here is the part where the realtor got busted. I knew the tenants name and I found a post on the Nextdoor Website from the tenant basically asking for advice because he received a bounce check for their security deposit from the realtor and was asking for advice on what to do.  I contacted the tenant over phone and we talked over a hour and he never once heard of a cash for keys offer. All he expected back was his security deposit when he moved out. I therefore contacted the 2nd tenant and she told me the same thing that no cash for keys were ever mentioned. Basically the seller did not want to return the security deposit money and the realtor came up with the idea of hustling it out of me calling it cash for keys. I approached the realtor afterwards about this and she admitted she lied because that is what she said was required to get the deal done. She said the sellers are going through a court order sale and had no money to provide up front. She has now agreed to pay out of her own pocket the security deposit money to each tenant to move out and I no longer need to pay any of it.


As you can imagine I have a hard time trusting her and I still have all my contingencies. I am getting a good deal on the property so I would like to see it through. My question is can the realtor get in trouble if i report all this to her broker? The tenants can vounch for all the details and the cash for keys was specifically written in detail in the addedums. In my eyes she basically did a whole lot of unethical things


1. Lied to client

2. Mishandled clients money

3. Extorted money from buyer that was not his responsibility.

4. Gave tenants a bounced check.

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China, ME · Member since 2014 · 3k+ posts · 4k+ votes
6y

@David P. Unless there's something that I'm missing, the Realtor should start looking for another job.  At best, this is fraud.  I'm sure there are other charges that could be filed too.

If you want to proceed with a complaint - and I would - start gathering proof.  Emails, contemporaneous notes, the Nextdoor correspondence, etc.  I'd also ask the tenants to write a very brief and simple statement describing the situation and have it notarized as an affidavit (also called a Jurat). 

That is a statement that is sworn under the pains and penalties of perjury, which should be admissible in court.  Around here, banks have free notaries.  Here's a link to an Affidavit Certificate: https://notary.cdn.sos.ca.gov/...  This can be filled out either as part of the affidavit or as a separate document and stapled to the original.  Be sure that both pages are stamped with the notary's seal.

I would then contact your state's Department of Real Estate (https://dre.ca.gov/) and file a complaint. You might also consider complaints to the CA Atty. General and to the local Board of Real Estate (the local extension of NAR).

This is a person who should not be entrusted with other people's money.  [BLEEP] her for giving honest Realtors a bad name.

BTW, if she acted as a Dual Agent without disclosing that fact in writing, that's another major violation that the Department of Real Estate would be very interested to hear about.

And another thing - I don't know about the details of the bounced check, but it makes me wonder if she's intermingling client funds with her own.  That's a nuclear disaster level violation and the fastest way to get your license yanked.

PS - this is one reason (of many) why buyers should be represented by a buyer's broker.

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  • Gavin WelchPro Member
    Real Estate Broker · Lakeland, FL · Member since 2011 · 305 posts · 181 votes
    6y

    as a broker..I'd fire the agent immediately.. Report to state board.. Here in Florida FREC (fl re commission) would eat her for lunch..

  • Tara S.Pro Member
    Real Estate Agent · Mesa, AZ · Member since 2019 · 125 posts · 60 votes
    6y

    you can report her to the board of realtors and her broker because this is unethical . It is 100% a violation which should be reported. ( I am also an agent she should have been honest and upfront about the REAL situation not manipulate to get the deal done!)

  • Member since 2020 · 45 posts · 10 votes
    6y

    @David Pai

    I would definitely call the Brokerage

    This is not something Realtors do.

    In Canada we have RECO. This is where people can report things. The brokerage is a good place to start.

    I’m a Realtor in Canada. I can recommend people to agents in the USA and Canada. It’s embarrassing and sad to know this happened with a Realtor.

  • Specialist · Plano, TX · Member since 2020 · 2k+ posts · 861 votes
    6y

    Great information and from @Charlie MacPherson. What a tough situation to be on. Please keep us posted on this situation @David P.

  • Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    6y

    @David Pai this is why dual agency is illegal in many states, and is the most heavily litigated area of real estate law in the states that it is still legal in. This thread should serve as a warning to anyone looking to get a deal by using the listing agent instead of having their own representation. Good luck, hope it works out well for you in the end!

  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    6y

    I would take a step back on this one and look at the deal you are getting and try your best to keep it going through.  The realtor has a definite conflict of interest as they are friends with the seller which often is the case and this is a good client they are trying to get a lot of deals from and it is clouding their judgement.  You were swindled out of 5k but the realtor says they will pay you back get these in certified funds asap.  It sounds like you are getting closer to closing, I'd focus on that for now.  As far as the realtor make sure they know you are not happy and don't trust them so you are going to be going over everything they send you very carefully and hopefully this will put the proper scare into them to not try to pull any other fast ones.  I just don't know if I'd be willing to throw a wrench in things right before closing.  Once the deal closes see how you feel, I would be very tempted to at least report it to the broker so it is on record and I would feel like I was looking out for the next guy.  I don't know that I would really follow up that much though primarily since I don't want to go through that level of effort, I have other things to spend my time on that make money.  Lesson learned double brokering is a bad idea generally speaking since I think it is very hard for the agent to act as a neutral party, especially if you don't have a close relationship to them up front.  Good luck and sorry to hear about your experience but at least you cought it. 

  • Real Estate Agent · Memphis, TN · Member since 2019 · 261 posts · 253 votes
    5y

    Yikes; I think it needs to be reported immediately to the Broker and then ask very firmly how they plan on handling it, letting the Broker know that you are more than willing to escalate if suitable action isn't taken.  That said, I think it's better done sooner than later if you plan on doing it.  I'm not sure how it would look if notice something like this, post about it publicly, and then ignore it for many more months to keep the deal going.  It may not matter at all, but I know that TN heavily implies that infractions should be reported immediately.

    Good luck and sorry to hear that there are agents like this out there; unbelievable (but, sadly, totally believable).

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    5y

    This outrage about brokers is all so entertaining considering the BS wholesalers do to sellers and no one gets worked up at all.

  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @Steve Morris:

    This outrage about brokers is all so entertaining considering the BS wholesalers do to sellers and no one gets worked up at all.

    I was wondering when you would chime in :-) 

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    5y
    Originally posted by @Joe S.:
    Originally posted by @Steve Morris:

    This outrage about brokers is all so entertaining considering the BS wholesalers do to sellers and no one gets worked up at all.

    I was wondering when you would chime in :-) 

    IT NEEDED TO BE SAID!!!  :)

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