Legal Question in Real Estate Law in California
Hello. My 70-year old single mother has "employed" a realtor to help her sell her house in Sausalito, CA. It has been a very trying process for many reasons but at some point along the way, the agent (let's call her Sally) sent an email to her manager referring to my mother as "a control freak", high maintenance and "on the brink of a nervous break-down." Then, Sally proceeded to send that email to my mom in addition to her manager. Given that we have these insults in writing, I am wondering if we might have a case that the agent failed in her fiduciary responsibilities so that she will not receive commission for the deal and/or we could sue her and her real estate brokerage for defamation or something along those lines. I know my mom does not want to get into a legal battle, BUT I have a hard time justifying paying this agent $20,0000+ for insulting her client. Please advise.
2 Answers from Attorneys
Under contract law, if the escrow closes, which is what she is paid to do, the agent has earned the commission. She can sue and win if you try to deny it to her. If your mother wants to separately spend time and money on legal action for the perceived affront to her, she can do so if she can show she was 'legally' damaged. If she can get a local attorney to agree with her what damages she can prove in court, and what it will cost her to do so, then she can make her decision.
Insults do not rise to the level of defamation; everyone is expected by the law to endure a certain amount of unkind words. In addition, an element of every lawsuit is that the plaintiff has suffered damages. If your mother has been damaged she may have a cause of action, but given your facts it doesn't appear she was damaged. Mr. Nelson is correct with respect to the contract.
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