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Ask MShore Your Own Question
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I have a rental property in Virginia and have a realtor to

Customer Question

I have a rental property in Virginia and have a realtor to put it on the market for rent. I have told specificly I want 2 years renter to the realtor -no 1 year lease. The realtor let someone else do her job (her partner) and it was a horrible service. It took 3 months to get the paperwork back to me rented in May 2010 and I got the paper work back end August 2010. I told the realtor that the date is supposed to be May 2010-May 2013 but she said we can make it in the addendum at the back. She send via email all the document and I sign everything. I just learn that the contract is till May 2011 NOT 2013 SHE MESSED UP. I signed the addendum that says the contract is for 2 years and expecting everything is fine. she never said anything about the renter does not want to sign if its 2 year leased. I would never sign the paper for 1 year leased. I have the proved that I have a contract for two years with my signature and expecting the realtor to have the renter signature on it. What can I do? Can I sue the realtor and the company?
Submitted: 4 years ago.
Category: Legal
Expert:  MShore replied 4 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Yes you can sue the realtor and the company he/she was acting on behalf of for damages, including but not limited the waiver of realtor's fee. Please let me know if you need additional guidance.
Customer: replied 4 years ago.
What can I do beside suing KW since I don't have money to hire lawyers/legal fees etc. I just want to rent the house without occurring more realtor fees, lost money that I having lost cost since the house will be empty. What Can I ask them to fix the situation?
Expert:  MShore replied 4 years ago.
You can send a demand letter threatening suit, unless they cure the damage caused by the negligence, such cure including but not limited to free representation in this transaction and the subsequent re-leasing of the property after the end of the current lease term.
Customer: replied 4 years ago.
1. Can you write the demand letter on my behalf, since if if it comes from a lawyer's letter head will look more serious matter... and can will it includes the cost for having the place empty if it not rented? 2. Another question what are the chances of me winning if I sue them what do I get and how much do you think it will cost me?
Expert:  MShore replied 4 years ago.
Regrettably we cannot draft letters and send them on customer's behalf as this would form an attorney client relationship.

You have a good chance of prevailing but the costs to file suit, in light your legal fees, could easily exceed your recovery, unless you obtain counsel on contingency which would be challenge unless the lease payments are several thousand per month.
Customer: replied 4 years ago.
How much does an attorney charge me to request them to write a demand letter on my behalf.

Does the attorney have to be local (where the rental is) or it can be where I reside?

What is counsel on contingency-does it mean only pay if we won? the rental is $3600 a month and realtor fee is $3600.
Expert:  MShore replied 4 years ago.
Just the letter would be a couple hundred dollars. The attorney should be located where the rental is located. Counsel on contingency means that you do not pay per the hour or out of pocket, the attorney's compensation is contingent on the attorney recovering on your behalf.
Customer: replied 4 years ago.
Do you have any name of attorney that will work for counsel on contingency or write the letter ( in Ashburn, VA). what kind of attorney? Does it have to be real estate attorney?
Expert:  MShore replied 4 years ago.
We are not permitted to offer direct referrals unfortunately, but you would retain a consumer protection attorney, not a real estate attorney.

MShore and 3 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  MShore replied 4 years ago.
What additional information do you seek?