Expert: Sharon Huneycutt, Realtor, Associate Broker, GRI, e-PRO - 7/14/2010

Question
Here is the circumstance:  We had an offer placed on a home sometime between March and April in Loogootee Indiana through this company. The listing agent stated to us that the home owner had fallen ill and was no longer interested in selling the home. I have attached the recording. This month of July we came across a "for sale by owner" sign on the home. We contacted the home owner only to find out that she had a falling out with the agent and that the offer was not submitted and the agent refused to give the home owner our information. Also, the home owner had "NEVER" fallen ill. The agent has made false statements to us and in turn cost us the $8000 tax credit that we would have had if we were able to purchase the home at that time. To me this is very unethical. Is it possible to pursue compensation for the $8000 dollar tax credit lost and is it possible for the realtor to lose his license?

Answer
Hi Nick,
I don't know about Indiana but in Georgia we are required by law to submit all offers no matter what they are.  Now I think, there may be a time line here, but I'm not for sure.  Did your offer come before or after the Seller fired the agent?  Sounds to me like it may have been before if the homeowner knew about the offer.  Next Real Estate Agent conduct is governed by the State Real Estate Commission or your state licensing agency.  That is who you need to contact in regard to Agent conduct and they are the disciplinary agency.  Next compensation is a legal matter and has to be pursued through the court system.  So I would suggest first you need to contact the Commission and see if they find that there was misconduct.  If they investigate and find there was misconduct, then you have may have legal recourse.  First present it to the Agent's Broker and see if they will settle.  If no, then to a Real Estate Attorney you go.  Unless your courts handle small claims in that large an amount.
I hope this helps and good luck to you.