Location, location, WTF????

[Care Bear]

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.

 

[imjustagirl]

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

 

[LongTimeListener]

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?

 

[qtlaw]

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.

 

[Boom_70]

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.

 

[playthrough]

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

 

[Herbert Anchovy]

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.

 

[Buck]

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


with

 

[Boom_70]

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.

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

 

[dooley_womack1]

Until a certain delivery occurs, you're the wife

 

[Evil ... Thy name is Orville Redenbacher!!]

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

^^^
Contact the realtor's broker and file a compliant with the local board of realtors.

 

[Care Bear]

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

^^^
Contact the realtor's broker and file a compliant with the local board of realtors.

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.

 

[Care Bear]

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


with

Oh, I'm just poking him with a stick. He read it. He didn't care for it. Makes me happy.

 

[joe]

IRA knee-capping is a powerful message.

 

[leo1]

I'm a lawyer but not in Va. If the contract between you and the broker has an attorneys fee provision, you'll have no problem finding a lawyer to take your case. If not, definitely complain to the real estate licensing board. But keep in mind that this punishes her and is unlikely to make you whole.

 

[Stitch]

Hopefully you're Realtor is not as bad as the one I've been dealing with trying to find a bigger rental house. Immaculate interior and exterior should have read "Not been cleaned since the last tenant moved out, and you'll have to pick up the litter strewn in the backyard."

 

[Boom_70]

I'm a lawyer but not in Va. If the contract between you and the broker has an attorneys fee provision, you'll have no problem finding a lawyer to take your case. If not, definitely complain to the real estate licensing board. But keep in mind that this punishes her and is unlikely to make you whole.

Your compensation will be psychic as opposed to monetary. Given what realtor did, it's well worth it to put her through hell.

 

[Moderator1]

Do NOT let it drop that you're in the news business. That is unethical. What are you going to do, write a story about it?

 

[Care Bear]

Do NOT let it drop that you're in the news business. That is unethical. What are you going to do, write a story about it?

Yeah, that was never part of the plan. We'll save the writing skills for strongly worded letters.

 

[leo1]

I'm a lawyer but not in Va. If the contract between you and the broker has an attorneys fee provision, you'll have no problem finding a lawyer to take your case. If not, definitely complain to the real estate licensing board. But keep in mind that this punishes her and is unlikely to make you whole.

Your compensation will be psychic as opposed to monetary. Given what realtor did, it's well worth it to put her through hell.

yeah that's true if you enjoy revenge. me? when i've been ****ed over by someone i'd rather they make it right - and pay me money. but i can see where there is validity in making sure this realtor is duly punished by the regulators so she doesn't do this to someone else. that's the theory behind making complaints to licensing boards anyway.