Agents double ending deals - any legal recourse?

Question

About a half dozen times in the last six months alone, and about 20+ times in the last 5 years, I've had a situation where our offer was higher than the property's sales price, yet the property was sold to some other buyer that the listing agent had represented. Essentially, double ended the deal and we lost out on the property. Is there any legal recourse available for such dishonest and unethical agents? I am looking forward to suing a few agents for this practice, and am okay with spending the money on legal fees. I'm sure I'm not the only one who has experienced this in the industry. Any help would be appreciated. Thank you!

Tyler Gibson · Answer

@Mohammed Memon Do you know if the final sales price of the homes were less than what you had offered? Do you know if the other offer was cash vs. your financed offer (don't know if yours were cash or financed just guessing). Do you know that your offer was really that much better than all other offers? As agents, our duty is to our clients. We are required to act in their best interest. We are also required to present all offers. Clients often ask their agents what they think of the different offers. We have to help them understand their options and all the while keeping their interests ahead of our own. Do you know for a fact that the agents you want to sue violated their fiduciary role?

offers are not just the best because you offer the most money. There are other things to consider. Cash is still king! Also short or waived inspections. Waived appraisals or waived financing contingencies. Close in 10 days or 60 if that is what the seller wants. It is not just about price. All of these things play a role in what offer gets accepted. I feel it would be really hard to prove that he did not act in the best interest of his clients without knowing all the details of the contract.