Real Estate Ethics Questions

[UCGal]

[quote=DataAgent]> What could the OP have done differently?

Glad you asked… one lesson he learned is in real estate everything needs to be in writing. His $5000 counteroffer was done verbally. His counteroffer was not legally binding and there’s no proof he even made the counteroffer. The realtor could easily say “Counteroffer? I never saw a counteroffer.”[/quote]
Good point. Get everything in writing.

[pjwal]

[quote=UCGal][quote=kcal09]Just learn from this, take the loss and move on. It’s not worth your time and aggravation. You paid $5k in tuition.[/quote]
What could the OP have done differently? How could he avoid this in the future? He was not told it was a sale to his agents family member for a flip. The agent was less than forthcoming.

I agree with SDR and CAR that it needs to be pursued. I suggested through the relo company because they were injured more than the OP. But I don’t think dropping it and saying “lesson learned” is a good idea.

The licensing agencies can only protect consumers if bad acts are reported. Dropping it is leaving this agent out there with no blemishes, to rip off the next sucker.[/quote]

This is a difficult one. It’s not about whether a legal course exists, but whether it’s worth pursuing. I would definitely communicate it to your legal dept (a good employee would give them all info), but not in the mindset that you are looking for reconciliation (you’ve got bigger fish to fry on the job, right?).

[pjwal]

[quote=UCGal][quote=kcal09]Just learn from this, take the loss and move on. It’s not worth your time and aggravation. You paid $5k in tuition.[/quote]
What could the OP have done differently? How could he avoid this in the future? He was not told it was a sale to his agents family member for a flip. The agent was less than forthcoming.

I agree with SDR and CAR that it needs to be pursued. I suggested through the relo company because they were injured more than the OP. But I don’t think dropping it and saying “lesson learned” is a good idea.

The licensing agencies can only protect consumers if bad acts are reported. Dropping it is leaving this agent out there with no blemishes, to rip off the next sucker.[/quote]

This is a difficult one. It’s not about whether a legal course exists, but whether it’s worth pursuing. I would definitely communicate it to your legal dept (a good employee would give them all info), but not in the mindset that you are looking for reconciliation (you’ve got bigger fish to fry on the job, right?).

[pjwal]

[quote=UCGal][quote=kcal09]Just learn from this, take the loss and move on. It’s not worth your time and aggravation. You paid $5k in tuition.[/quote]
What could the OP have done differently? How could he avoid this in the future? He was not told it was a sale to his agents family member for a flip. The agent was less than forthcoming.

I agree with SDR and CAR that it needs to be pursued. I suggested through the relo company because they were injured more than the OP. But I don’t think dropping it and saying “lesson learned” is a good idea.

The licensing agencies can only protect consumers if bad acts are reported. Dropping it is leaving this agent out there with no blemishes, to rip off the next sucker.[/quote]

This is a difficult one. It’s not about whether a legal course exists, but whether it’s worth pursuing. I would definitely communicate it to your legal dept (a good employee would give them all info), but not in the mindset that you are looking for reconciliation (you’ve got bigger fish to fry on the job, right?).

[pjwal]

[quote=UCGal][quote=kcal09]Just learn from this, take the loss and move on. It’s not worth your time and aggravation. You paid $5k in tuition.[/quote]
What could the OP have done differently? How could he avoid this in the future? He was not told it was a sale to his agents family member for a flip. The agent was less than forthcoming.

I agree with SDR and CAR that it needs to be pursued. I suggested through the relo company because they were injured more than the OP. But I don’t think dropping it and saying “lesson learned” is a good idea.

The licensing agencies can only protect consumers if bad acts are reported. Dropping it is leaving this agent out there with no blemishes, to rip off the next sucker.[/quote]

This is a difficult one. It’s not about whether a legal course exists, but whether it’s worth pursuing. I would definitely communicate it to your legal dept (a good employee would give them all info), but not in the mindset that you are looking for reconciliation (you’ve got bigger fish to fry on the job, right?).

[pjwal]

[quote=UCGal][quote=kcal09]Just learn from this, take the loss and move on. It’s not worth your time and aggravation. You paid $5k in tuition.[/quote]
What could the OP have done differently? How could he avoid this in the future? He was not told it was a sale to his agents family member for a flip. The agent was less than forthcoming.

I agree with SDR and CAR that it needs to be pursued. I suggested through the relo company because they were injured more than the OP. But I don’t think dropping it and saying “lesson learned” is a good idea.

The licensing agencies can only protect consumers if bad acts are reported. Dropping it is leaving this agent out there with no blemishes, to rip off the next sucker.[/quote]

This is a difficult one. It’s not about whether a legal course exists, but whether it’s worth pursuing. I would definitely communicate it to your legal dept (a good employee would give them all info), but not in the mindset that you are looking for reconciliation (you’ve got bigger fish to fry on the job, right?).

[bearishgurl]

[quote=DataAgent]> What could the OP have done differently?

Glad you asked… one lesson he learned is in real estate everything needs to be in writing. His $5000 counteroffer was done verbally. His counteroffer was not legally binding and there’s no proof he even made the counteroffer. The realtor could easily say “Counteroffer? I never saw a counteroffer.”[/quote]

In CA (we don’t know that this is the case here) I believe an oral agreement is BINDING if there is a PERCIPIENT, convincing and cooperative witness to it who is NOT A PARTY. I can’t comment on other jursidictions.

[bearishgurl]

[quote=DataAgent]> What could the OP have done differently?

Glad you asked… one lesson he learned is in real estate everything needs to be in writing. His $5000 counteroffer was done verbally. His counteroffer was not legally binding and there’s no proof he even made the counteroffer. The realtor could easily say “Counteroffer? I never saw a counteroffer.”[/quote]

In CA (we don’t know that this is the case here) I believe an oral agreement is BINDING if there is a PERCIPIENT, convincing and cooperative witness to it who is NOT A PARTY. I can’t comment on other jursidictions.

[bearishgurl]

[quote=DataAgent]> What could the OP have done differently?

Glad you asked… one lesson he learned is in real estate everything needs to be in writing. His $5000 counteroffer was done verbally. His counteroffer was not legally binding and there’s no proof he even made the counteroffer. The realtor could easily say “Counteroffer? I never saw a counteroffer.”[/quote]

In CA (we don’t know that this is the case here) I believe an oral agreement is BINDING if there is a PERCIPIENT, convincing and cooperative witness to it who is NOT A PARTY. I can’t comment on other jursidictions.

[bearishgurl]

[quote=DataAgent]> What could the OP have done differently?

Glad you asked… one lesson he learned is in real estate everything needs to be in writing. His $5000 counteroffer was done verbally. His counteroffer was not legally binding and there’s no proof he even made the counteroffer. The realtor could easily say “Counteroffer? I never saw a counteroffer.”[/quote]

In CA (we don’t know that this is the case here) I believe an oral agreement is BINDING if there is a PERCIPIENT, convincing and cooperative witness to it who is NOT A PARTY. I can’t comment on other jursidictions.

[bearishgurl]

[quote=DataAgent]> What could the OP have done differently?

Glad you asked… one lesson he learned is in real estate everything needs to be in writing. His $5000 counteroffer was done verbally. His counteroffer was not legally binding and there’s no proof he even made the counteroffer. The realtor could easily say “Counteroffer? I never saw a counteroffer.”[/quote]

In CA (we don’t know that this is the case here) I believe an oral agreement is BINDING if there is a PERCIPIENT, convincing and cooperative witness to it who is NOT A PARTY. I can’t comment on other jursidictions.

[sunny88]

An oral agreement cannot binding even with a “witness”. How can you ever prove it if it’s not written down. Again, no written contract, no agreement!

[sunny88]

An oral agreement cannot binding even with a “witness”. How can you ever prove it if it’s not written down. Again, no written contract, no agreement!

[sunny88]

An oral agreement cannot binding even with a “witness”. How can you ever prove it if it’s not written down. Again, no written contract, no agreement!

[sunny88]

An oral agreement cannot binding even with a “witness”. How can you ever prove it if it’s not written down. Again, no written contract, no agreement!

[Author]

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