Legal Question in Real Estate Law in California
I am a CA Real Estate Broker who entered into a Residential Listing Agreement with my client for the sale of his house in which he had a first and second loan. After 4 months and I received the short sale approval letters in which the bank reserved the right to pursue a deficiency judgment against him in the future. He didn't like this and he asked for a waiver of this deficiency and a complete release from his mortgage liability. I told him that it was not likely since they were non purchase money loans. The escrow officer provided me with a short sale approval letter from another client which provided a waiver but a 1099 was to be issued. He received the same letter and told me he wanted me to seek the same waiver. The escrow officer claimed she didn't give him a copy but this is impossible. The bank said no to his request and he canceled the sale today. Am I entitled to my commission and do I have a claim against the Escrow Officer for breach of her duty of confidentiality and tortious interference of contract?
2 Answers from Attorneys
You're a sleaze for a broker. You want him to short sell his home, and waive any anti-deficiency protection? He ought to sue you.
You had a fiduciary duty to your client to provide him that letter. So, no, you can't sue someone else for giving it to him. He should sue you for keeping it from him.
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