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Location, location, WTF????

Discussion in 'Anything goes' started by Care Bear, May 20, 2011.

  1. Care Bear

    Care Bear Guest

    My husband (more like my wife) and I recently rented out a property (a home) in Virginia.

    Our realtor misled us in several fashions, but the most egregious act we have uncovered so far is that she actually gave the key to our home to the family members of the new tenant (they live in the area - the tenant was on the ofther side of the country) BEFORE the lease was signed. The family members were in our home moving in furniture without our knowledge or consent. We finally found out the actual timeline a week after the fact.

    In fact, we had a discussion with our realtor where we stated that NO ONE should have access to our property before the lease was signed. We had a couple of addendums in the lease we wanted to go over with our new tenant before access of any kind was granted to the home. (The tenant had mentioned wanting to construct a fence in our yard as soon as she moved in - we wanted to make sure she was aware that nothing could be altered on the property without our written consent).

    The situation has been further exacerbated because we purposely moved up the move-in date at the tenant's request while in the midst of moving out of state. Therefore, communication was even more critical. We put our trust in this realtor, and she violated it repeatedly, in our view.

    My question is, what recourse do we have with this realtor? Yes, we signed a contract with her the day she listed our property, but there is nothing in the form that I can find that addresses a situation like this. The realtor has evaded our phone calls and emails and we have documented proof (via texts and emails) that she was evasive (multiple lies of omission) about giving the keys to the family, among other things.

    We want to fire her immediately; we are also hoping to avoid paying the commission. I simply cannot fathom giving this person money after all that has transpired.

    My husband and I have never rented out property before, and we aren't looking to turn this situation into some legal drama starring a serious actor. But we are looking for advice from anybody who has been through something similar. Any guidance is greatly appreciated.

    Thank you in advance.
  2. imjustagirl

    imjustagirl Active Member

    I have absolutely nothing to offer other than condolences. So sorry. WTF is wrong with people?
  3. LongTimeListener

    LongTimeListener Well-Known Member

    Can't you just not write the check and put it on her to come after you, knowing that if she sues for it she will have a whole lot of 'splainin' to do? Or does she already have the commission and you would be trying to get something back from her?
  4. qtlaw

    qtlaw Well-Known Member

    DISCLAIMER: I do not practice law in Virginia and have no clue about the state of the law there.

    If that was my parents' rental, I think I would advise that they fire that realtor immediately and claim that the realtor breached our agency agreement by her insubordination. I have little doubt that she would make a claim but I'd still make her chase it. In addition, if you suffered any losses because of the early move-ins, I'd claim those against her as well.
  5. Boom_70

    Boom_70 Well-Known Member

    How was broker compensated? In most cases I've been aware of renter pays the fee.

    If you do owe any money I would not pay until it is resolved. It is your only leverage.

    I would also call the managing broker and speak with them about situation.

    If it is a national chain I would go right up the ladder to corporate.

    Would not hurt to let it drop that you are involved in the news business.
  6. playthrough

    playthrough Moderator Staff Member

    Ditto that, go up the ladder. Could also contact the state/local Board of Realtors.
  7. Herbert Anchovy

    Herbert Anchovy Active Member

    Almost rented out my condo for the G20 but decided I didn't want a hairy German guy eating Fritos in my bed -- or doing anything else there of dubious nature.
  8. Buck

    Buck Well-Known Member

    What's up with the 'My husband (more like my wife)' comment?

  9. Boom_70

    Boom_70 Well-Known Member

    Not to mention his dirty Teva's all over your couch.
  10. dooley_womack1

    dooley_womack1 Well-Known Member

    Until a certain delivery occurs, you're the wife
  11. ^^^
    Contact the realtor's broker and file a compliant with the local board of realtors.
  12. Care Bear

    Care Bear Guest

    I think that's the plan of action we are going to pursue. Unfortunately, this wildebeest already has her commission, so I doubt we will be seeing any of that returned. As Boom noted earlier, that was about the only piece of leverage we had. Lesson learned.
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