Expert: Jessica Bryan - 12/27/2007

Question
Our house was up for sale/rent in Jan 2007; it was priced below market value for a quick sale.  However, we rented it out in Mar 2007 as it did not sell and we needed to relocate immediately (US Forces).  Anyway, yesterday (Christmas Day), while going thru my computer to clear old file & emails I found that in Feb 2007 our realtor received an valid offer to buy our home --- and she emailed a copy to me, stating she would phone me to discuss it!! She never phoned and we never knew about the offer!!  In Mar 2007 this same realtor arranged a tenant for rental of the house; and she was paid her commission.

What can we do about this?  She failed to properly advise us of the offer and failed to discuss the offer with us.  Then she knowingly accepted a commission for arranging a rental a month later... all without ever mentioning this valid offer to purchase.  (Selling it was our first preference as I am with The DoD and was being reassigned to a new base, eventually heading back overseas --- which is where I am now.)  

Your timely advise/input is very much appreciated.


Answer
Dear Sonny;
It is very difficult to prove that your REALTOR did not discuss the offer with you since you did receive an email with the offer and she can prbably produce a copy of that.  I agree that she should have followed up with a phone call and that anything less than a full discussion was not acceptable.  You can file a formal complaint with the local association of REALTORS but how are you going to prove that you never got a phone call? It could be your word against hers.  I think that it would be best to call her and discuss what you discovered and find out what she intends to do about it to compensate you.  If she is ethical, she will do something to make it better.  I am really sorry that this happened but there might be a reasonable explanation.  

Good luck.

Jessica Bryan