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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88649
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My broker who was selling my house for my exwife and I filed

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My broker who was selling my house for my exwife and I filed an affidavit in court agianst me stating that lowering the price of the house would not expedite the sale. I was asking the court to remove my exwife from the sale and appoint a receiver as asking the court to lower the price. Can MTY realtor file an affidavit in court and submit all of my emails to her in court? Isnt it a breach? This is in New York State.
The house wound up selling after 3 years on the market for a price much lower than the price she claimed it was valued at. This has cost me over $100k in mortggage payments and legal fees.

Thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify a few things:

1) Was the broker retained before or after the divorce started?
2) Was the broker was retained after divorce started, was he retained by only YOU, but BOTH of you, or appointed by the Court?

In other words, if you can give me a brief outline of what exactly happened, that would be helpful.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


The broker was retained years after the divorce was final


The broker was retained as broker to both of us


My exwife reufused to lower the price of the house so I took it to court. The realtor, who we both hired, filed against me in court and in favor of my exwife to not lower the price and submitting all of my emails to my ex-wifes attorney. I would up losing the case and it cost me $110k+ in additional mortgage payments until the house was sold this week.

Expert:  Ely replied 1 year ago.
Tom,

I see - that you for that clarification.

You state "Can MTY realtor file an affidavit in court and submit all of my emails to her in court?"

Later you state however, "and submitting all of my emails to my ex-wifes attorney."

So which emails did the broker reveal to the court:

1) Emails from you to them; or
2) Emails from you to your ex-wife's attorney who the broker and the attorney shared, apparently; or
3) Both?
Customer: replied 1 year ago.


The broker submitted emails that i sent to her, not to my ex wife. She submitted the emails without the court ordering it, she did it on her own accord. The broker submitted my emails to my ex wifes attorney to use against me to prevent me from lowering the price of the house.These emails were then submitted to the judge by my exwifes attorney against me.

Expert:  Ely replied 1 year ago.
Thank you, Tom.

The NY broker has to follow the Code of Ethics and Professional Practices.

It dictates that:

Members shall not ... (3) without the client’s informed consent, disclose confidential information of a client to any third party or use such confidential information to further the Member’s personal interests."

Now, even if you and your wife are co-clients to the broker, the broker has to walk a fine line and not compromise either client's interests unless the Court orders them to testify or produce evidence, or, they are subpoenaed.

As such, the broker arguably breached that duty. You may file a complaint with the Real Estate Board of New York:

The Real Estate Board of New York XXXXX
New York, NY 10022
Fax:(NNN) NNN-NNNN

You may also file a complaint with the New York Department of State's Division of Licensing Services here, which is the OFFICIAL licensing agency for the broker, and which holds other like-minded administrative rules which the broker arguably broke in this situation.

Good luck.

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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88649
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

can I sue for damages?

Expert:  Ely replied 1 year ago.
Tom,

Possibly yes, but if you can show that their actions HAVE INDEED caused you a loss (or will cause you a loss). That is for monetary damages.

Punitive damages can be added if you can show intentional act, aggravating injuries, outrageous conduct, fraud, “evil motive”, and willful and wanton disregard for the rights of another. Anderson v. Fortune Brands, Inc. , 723 N. Y. S. 2d 304 (2000); Pearlman v. Friedman, Alpern & Green, LLP, 750 N. Y. S. 2d 869 (2002).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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Ely
Ely
Real Estate Lawyer
88649 Satisfied Customers
Qualified attorney in private practice including business, family, criminal, and real estate issues.