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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Ok. I wrote earlier regarding a real estate transaction

Customer Question

Ok. I wrote earlier regarding a real estate transaction question, but since that answer, the real estate agent has used a past lawsuit I filed ten years ago against me. She sent an email with that as the heading and then said she's afraid for her safety and that she will get me out of the contract, the one she said I was stuck in. It's bullying. What can I do? That lawsuit had nothing to do the real estate transaction. I'm humiliated. I'm left crying and shaking. I make a yelp review about it and I sent emails to the office concerning what she did. Is she allowed to do that, or can I contact the licensing board, etc?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum, my name is ***** ***** I look forward to assisting you today.

I am sorry to learn of this situation, it is certainly unethical, whether or not it is illegal (something you would have a legal claim over) would be based on whether or not the agent represented you, or the other party.

If the agent represented you, they are breaching their fiduciary duty, breaching their contract with you, and liable for professional misconduct (negligence).

If the agent represents the other party to the transaction (for example, if you were the buyer, and the agent represents the seller), the conduct would certainly be unethical, but it would be less likely to be actionable. You could consider a claim for "tortious interference with economic advantage" or some similar claim, but this would be much more tenuous and you would have to consider whether or not it is worth investing the time and resources (money) into suing the realtor when the claim is relatively weak (not because the behavior is unacceptable, but because there is a lack of "privity" in your relationship with the defendant).

You can report the realtor's behavior to the state board regardless as to whether they represent you or the other party. The state board is going to be able to investigate this unethical behavior and take administrative action if they deem appropriate. They will not be able to get you any compensation (that is not the board's function) but they can take disciplinary action against the realtor.