Can brokers be sued ?

In a recent transaction the sellers broker had revealed my counter offer to another buyer who used that information to write his counter offer and ultimately get the house. on confrontation the broker admitted it and said 'take me to court' and hung up. Do I have a case here ?
  • April 25 2014 - US
  • 1
    1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

 
 

Answers (12)

Best Answer

There are individuals who behave in this manner and do business this way. They don't usually stay in business long.
  • April 27 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Thanks everyone ! She was and is unethical, which is how she got the listing in the first place . The seller had bid in a multiple offer situation on a listing she had and she used her 'leverage' to say if you let me list your house I can make sure you get this house. At the very least she should be overseen by the company she works for because most likely she will do it again. Her immaturity and type A personality really is the cause for her unprofessionalism and the brokerage she works for should call her out on it.
  • April 27 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for RyanSchroder
I would say that what was done was unethical, but probably difficult to sue over.  In a multiple offer situation its typical to give the buyer some indication if they are going to be in good shape with their offer, especially if they ask if this will get it done.  
  • April 26 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for themorrigan20
Tim, if the buyer posts the facts that s/he can back up, without putting any speculation or opinion in writing, why would anyone sue?  (Except this is America, we love to sue, etc.)  How would creating a website be any different from posting a review here?

Oh, that's right....here, negative reviews aren't posted.
  • April 26 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for Outer Banks N C
Do what Lowell suggests and you will be taken to court by the agent and they would have a solid case against you.
  • April 26 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Yes, in general, Brokers (or anyone for that matter) can be sued, but...................No, you don't "have a case" (imo).

Why?

Well, because offers are not "sacred".....there is no law protecting an offer, nor set rules as to how negotiations are conducted...............as Mack mentioned below, if the sellers instruct their agent to share an offer with other buyers -  the agent must do so, as they are working in the client's best interest .

I had 2 offers on a listing of mine - for personal reasons, the sellers wanted to sell it to one person in particular - however, that person's  offer was lower - so - they instructed me to let that person know the exact terms of the other offer and see if he'd match, or better yet, beat it.
He didn't.
The other party got the house.

  • April 26 2014
  • 2Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for USMortgageRanger
You are going about it all wrong. Used the power of social media to put him out of business. It takes just one spark to start a fire and if you were to create a site for bad Agents and Mortgage Loan Officer the world will know. So good luck and speak the truth by posting your information.
  • April 25 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

You would have to consult with an attorney on this, but generally speaking, sellers can say, "I've already got an offer for ($x), so if you beat it, it's yours."
  • April 25 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for wetdawgs
Perhaps surprising, but if the seller says the "seller's broker" can release offer prices to others, then they can do so.     You can spend your down payment money on an attorney, or you can find another home of interest.  

Good luck making a decision that works for you.
  • April 25 2014
  • 2Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for blank screen EXILED
LOL!!

Why are the only 7 professions that have worse reputations than Realtors are Lawyer, Politician, Loan Shark, Illegal Drug dealer, Bookie, and Pimp and Prostitute?

Because the are happy to take your money for nothing while pretending to provide you services.

Of course you could sue, if you want to throw away 10's of thousands of dollars, and pay the legal fees for the party you are suing as well!

Really, think about it?  What possibly do you expect the courts to find in your favor?  What law was broken?  What was taken away from you?  What damages did you have?  What was the actual cause?

Of course the listing agent told you to sue and hung up on you!  You indicated you knew nothing about the law, and that you wanted to waste your time and money in court for nothing.

This is not a "government contract"!  This is not a closed bid for a public entity!  This is a PRIVATE seller, selling PRIVATE property, who has hired representation to assist the seller in getting the best offer they can!  The contract is with the seller, not with some 3rd party entity that has expressed some minimal interest!  The seller is free to share any offer information with anyone they like.  There is not "non-disclosure" laws.  Discrimination?  The Fair Housing Act only protects 7 classes of people, and the terms of the offers is not a "protected class".

Yes, it is funny that some Realtors like to tell you to pay a lawyer, pretending that they can't answer because they are not licensed to practice law!  If they can't answer, they shouldn't even bother posting an answer.  Why should they post they don't know the answer, so go and spend $1500 for "professional services" to find out the answer?

Yes, Americans love to threaten to sue, and love to tell others to sue, but if there is no case, why bother?  Sure you could save the legal fees in small claims court, but if you don't even know that you don't have a case, how are you possibly going to build a case off of no evidence?  And even if you had evidence, it is your word against their work, and you still have no chance.

You were not "wronged", there was nothing "illegal", and you are wasting your time and energy even thinking about it.
  • April 25 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Doubt it - save your money for your future home of your dreams - it might have been for the best... just move on. 
 
  • April 25 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

You should contact an attorney and explain the situation in depth. In reference to the business and professions code, we are not allowed to suggest whether you have a case or not.....that would be considered unauthorized practice of law. Good Luck!
  • April 25 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.