Expert: Dick Dennis - 8/9/2006

Question
This just burns me up.  We recently bought a home and since we did a FSBO on our previous home, we didn't have an agent representing us on our new home.  The selling agent told us he'd discount his commission to represent both parties, and give us a 1.5% credit at closing.  However, since we had a larger downpayment than he expected, the entire credit couldn't be applied.  As a result, there is now a balance owed to us of $950 but he won't pay us.  We have in writing the 1.5% credit.  I tried complaining to his office manager, but no results.  Is there any other alternative besides legal action?  Is there a WA state association I can complain to?  Totally unethical behavior in my opinion.

Answer
You can take your complaint to the local Board of Realtors since the office manager has done nothing about it. It would be a violation of the Realtor's Code of Ethics but would not offend the state real estate agent laws.

Or, you can take it to small claims court. It doesn't matter if the $950 didn't fit into the closing costs. The idea is that he made a written promise and you conducted yourself accordingly.

My guess is as soon as the real estate office has been served with a small claims subpoena, they will pay up. That's because they may not want their company's name dragged through the small claims action in front of a bunch of people.

There is one thing that may negate the credit: The agent may not have received permission to make that offer. Without the office manager's or the owner's authorization, the agent was not permitted to make that offer. But I think a small claims magistrate or judge would still decide for you.

I do wish you well.

Dick Dennis                dixiedee13@aol.com