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My real estate agent and i completed a real estate

transaction back in November of...
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i want to make sure she's given me all documents related to the transaction before taking her to court. she doesn't know that i'm planning on taking her to court. i've emailed and called her requesting all the documents but she keeps brushing me off. it's been months since my first email to her requesting these documents and i still have not gotten anything from her. what can i do at this point? am i entitled to those documents?
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Answered in 13 minutes by:
5/19/2009
Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27,689
Experience: 25 years experience
Verified

DearCustomer- Since I'm not certain to which documents you are referring I can't say for certain that you are entitled to them. If they are directly related to the transaction then you should have been provided copies at the time of the transaction.

From a practical standpoint you really have no way to force her to give you the documents unless you file a suit. Once a suit is filed then you have the power of discovery and can request any and all documents related to the cause of action. If the suit is that detailed you may have to file it in the general court system rather than small claims if there are issues other than just a small amount of money damages.

David Kennett - JD - Attorney at Law

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Customer reply replied 8 years ago
The document(s) I am talking about is namely the contract between me and her stating that she was going to represent me as my selling agent. I'm particularly concerned about any documents stating her duties to me as my selling agent and I need the copy that has been signed by her and myself. I need these documents because I feel that she did not fulfill her duties and fiduciary responsibility in representing me.

During the transaction, she told me that in order to get my property sold, I would need to pay a fee of $7000 to get a soils report done on my property. She told me that I would get reimbursed this money and I was anxious to sell my property so I paid the fee. After my property sold, I found out that that fee was actually supposed to be paid by the buyer whom she was also representing. It also turns out that I will not be getting reimbursed on this $7000 fee. I have emails from her telling me that I would get reimbursed. I just want to make sure I have a contract between me and her before taking this to small claims. If we completed this real estate transaction, will it be necessary for me to provide this real estate contract? Or will the fact that this property has been sold be sufficient in showing that she was my real estate selling agent and therefore making it obvious that all real estate agents hold a fiduciary responsibility to their clients? I really am just trying to make sure I'm not missing any vital information before taking her to small claims.

I don't believe you are missing any information however you should have had a copy of the contract at the time you signed it. You can file a complaint with the state real estate commission if she fails to provide you with a copy of any contract you have signed. Obviously you can allege in your complaint that she was your agent and I assume you have proof of paying the $7000.

If you have proof that you were to be reimbursed then I think you have a great case. One thing to keep in mind is to be certain that the jurisdictional limit for your local small claims court is at least $7000. Courts vary in these limits so it is best to check it out before you file.

Dave

Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27,689
Experience: 25 years experience
Verified
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Customer reply replied 8 years ago
thank you so much for your help. i really appreciate it. i will definitely contact you if i have any additional questions.
No problem and thanks for using our service. - Dave
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Dave Kennett
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