Listing broker claims in her deposition that listing agreements are not required

[Neal S.]

Hello, I am a plaintiff in an active legal complaint against a real estate brokerage and their listing agent. My lawyer requested them to provide the listing agreement and they responded that they never had the agreement and that it wasn't required at the defendants deposition. We also have text messages between the listing agent and seller notifying the seller that she will send him the listing agreement via authentisign. I promptly filed a complaint with the state department of licensing and the summary of charges is just recommended additional education. I expected at the very least a hefty fine or some sort of disciplinary action. Can anyone please advise. Thank you

[KC Ushijima]

You can review with your attorney to see if fraudulent representation should be one of the claims in your lawsuit, if it isn't already.

If it is a claim already, then the judge or jury will decide.

It's still not clear what the actual damage or harm was that resulted from not having a listing agreement.  The seller built a fence?

Maybe if the judge or jury determines that it was a fraudulent representation, and a large amount of damages resulted from that fraudulent representation, then the government agency could re-evaluate their initial disciplinary action.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.