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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33378
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I was hired by Sellers as their 3rd Listing Agent in 2-3tr

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I was hired by Sellers as their 3rd Listing Agent in 2-3tr duration to sell their vacation home. Prior to listing agreement expiration I had rec'd 2 different offer's from two different Buyers (1) was a low ball over , some $30K less than asking price-which Sellers refused to Counter as they were offended via a prior experience and (2nd) offer was a full price CASH offer with no appraisal requirement asking for concessions of Septic clearance , pest work to be cleared and boundaries. After acceptance of 2nd offer, Septic failed $4500 new re-install (seller hadn't pumped Septic or done any maintenance since original purchase also 28yrs B4, pest work totaled approx. $6K in repairs and Seller tried to reconnect with the inspector that had now retired & relocated to the East Coast to see if perhaps he still had the boundary marker paperwork from when Seller purchased home 28yrs before available. Sellers Listing agreement was to expire by March 31; COE was to occur by 3/25 , Buyers provided 1st time extension out to 3/27/13 to allow Sellers more time to contemplate report findings. Sellers signed their own time extension for COE to occur by 4/14/13, which was to allow them more time to research the repair issues and time to pack up vacation home. After March 10th, when sellers signed COE extension, I as their listing agent heard absolutely nothing either verbally or in writing directly from the Sellers until 4/12/12, 3 days prior to COE. Sellers were upset with the report findings and needed to blame someone..so I was their go to blame girl.. However they put nothing in writing to me directly yet tried to convince the Title company not to pay out my commission portion at COE. Title explained to them, that the only way they could get out of the contract was to cancel the entire deal, thus not paying any commissions out for both agents and loose the current deal altogher, or finally submit Seller paperwork not forwarded back to Title upon onset of ratified contract as of 2/23/13. Sellers chose not to stop the deal and forwarded all paperwork back to Title by 4/12. Deal COE on 4/15/13. Sellers had refused to respond back after acceptance signage to any of Buyers Requests for Repairs in which they forwarded a cancellation, than rescinded that , and settled for accepting the house in AS-IS condition, with no Seller concessions still at a full price offer. So after COE Seller submitted to our local Board of realtors a disciplinary complaint that Sellers were dis-satisfied with my services and thought that they had been poorly advised. We went to a Hearing Board gathering in which Sellers lied so many times I couldn't keep tract, ultimately resulting somehow in a rendering decision of me being reprimanded for a 5yr period, charged $1000 fine and levied a 1yr suspension to practice RE. None of my evidence was viewed I believe by the panel who quickly decided within a 35 minute window of time B4 departing building could of possible reviewed my 86 pages of evidence, time lines of events, e-mails, etc. I'm literally devastated by these findings and have decided definitely not to go back and resubmit more information to the same hearing panel, but to go to the Board of Directors instead. The final findings in general indicate that the Seller had "fired" (w/o anything in writing or verbal communication ) but chose to stick their heads in the sand in hopes that they could avoid paying me my commission portion. They changed the locks on the home , also unbeknownst to me and on 4/10/13 when the Buyers realtor insisted on doing his Property verification we met up and found out together that the locks had been changed. I'm perplexed . I have numerous other Buyers that I've been working with for months, one deal in process and have never had any issues with any prior Sellers or Buyers. I want to submit a rebuttal (which I've been preparing for well over 2 wks now) and provide a slew of prior client recommendations to hopefully have all of these trumped up charges dropped so i can get back to addressing my clients. My current brokerage wants to avoid being sued, so they temporarily terminated our relationship 2 days after hearing results after working successfully with them for 2.5yrs and bringing other agents into the firm. HELP. I haven't been able to locate after 22 attempts any other local or away law firms that can provide advise due to "conflict of Interest" . What can I do. No termination clause was ever submitted by Sellers to me. no certified letter was ever sent to either me or to my Brokerage. No mutual consent or agreement of a "firing me" ever occurred. No communications were ever responded back from either my e-mails as of 3/10/13 through 4/12/13 or to my Broker's inquires back from the Sellers. Its like they fell in a sink hole....Any ideas would be appreciated ASAP. My deadline to respond back (20 day window) started on 9/27/13. I am the sole supporter for my 100% disabled vetran husband with no other means !
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 9 months ago.
Hello,

1. A Board of Realtors arbitration panel is not a government agency, and it cannot suspend you from practicing real estate. Only the California Bureau of Real Estate can do that. The arbitrator can prevent you from using the multiple listing service -- which is, admittedly, a giant paint, unless you're prepared to joint a different Board of Realtors, and MLS service, or unless you have nothing other than "pocket" listings.

2. Your broker can terminate your relationship, assuming that your contract with the broker permits an "at will" termination, or a termination based on your being suspended from the local MLS. So there's little you can do about that.

3. Your facts suggest that you were not permitted to introduce evidence to defend your position. This indicates that the arbitration and arbitrator was not neutral. The failure to reasonably permit you to present your case would be grounds to have the Superior Court vacate the arbitration award.

If you would like a form with which you can ask the court to set aside the arbitration award, please let me know if my answer is helpful and I will be happy to provide.

And, thanks for using justanswer.com!
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33378
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 8 months ago.

Socrateazer. I sent over the scanned documents 2 days back and I think you may have just rec'd them today and advise of what I should incorporate within your document. Just mark it up , cross out where need be..and I promise to avoid the "emotional" finger pointing . I have until 10 AM now onFriday to turn this in. Thanks Randi

Customer: replied 8 months ago.

no reply within. Now I'm confused ? Randi

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