The persons SELLING the home, who have this agent under contract had decided to do RENT_TO OWN; because their property has been on the market for over 7 months. When the agent found out about this, she gave COMPLETELY FALSE information to her clients pertaining to the eligability of the potential renters. ( to defer them from this process, because in effect; the agent would then, not get her commission)Is it legal for a real estate agent to give their client FALSE information about a potential buyer?
Its unethical for the agent to provide false information to their client. The agent has the fiduciary duty to his/her client to represent their client to best of their ability while abiding to Real Estate Commission Guidelines.Is it legal for a real estate agent to give their client FALSE information about a potential buyer?
It really depends upon the agent's state. Unfortunately, state laws vary greatly on this matter. It is definitely immoral. It is almost certainly unethical. But without knowing the state in which this occured, I can't tell you if it is illegal, meaning criminal.
However, if any agent, real estate or any other type of agent, knowingly violates the duty of honesty to the agent's principal, then the agent breaches her fiduciary duties and can be found liable in a civil court for any and all damages arising that breach of fiduciary duty.
In other words, it ain't a crime, but it is a tort. Contact a local attorney at the website below
Well according to the National Assocation of Realtor's, that would be unethical. If I were the person effected by this, I would report them to the National Association of Realtor's immediately.
File a formal complaint with the Agent's Broker. That is the person who stands to loose their license over the incident.
If you do not get the results you expect, THEN contact the Real Estate commission and file a formal complaint against the agent AND the Broker.
If the agent gave you faise info it is unethical. I'm not sure if it is illegal. You can complain to the broker at the real estate co. that you used.
illegal? Maybe not. Immoral? Most definitely yes. It really depends on the terms of the contract. If nothing is covered in the contract, the person selling the home might be able to sue the agent in question because the information given to them deterred them from renting out the property therefore causing them to potentially lose revenue. The person selling the home would have the burden of proof, however. They would have to provide evidence that the agent gave false information to deter them from renting out. In a civil court it is easier to do so because it does not have to be beyond reasonable doubt. The scales just have to tip in your favor. The down side it that there is usually a cap on how much you can sue for usually around 5000 dollars. No matter what they should definitely seek the counsel of a lawyer.
I don't know what the legalities are but it is highly irregular and at least unethical.
But before any accusations are made, make sure you have proof.
Also, if I had decided to rent to own the home, I would not deal with a real estate agent any longer.
its unethical but not illegal.
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