Legal Question in Real Estate Law in California
Whom can I file an immediate complaint with about a Real Estate deal that is fradulent. Placed the highest cash offer and the seller's agent is stalling on submitting my offer. The agent for the seller had the buyer sign another offer and misrepresenting my by making fraudulent statements. I spoke to seller directly and he called a week later and countered my offer,. I have a voice mail message to this effect. My agent contacted the broker for the other agent and they said they would do what seller wants but have yet to act. in the meantime the other offer is in. this has been going on for weeks. I need to know how we can stop the other offer from being presented to bank until my offer gets signed and what we can do to force the other agent to submit my offer.
3 Answers from Attorneys
If the seller is unwilling to override his broker and agent, there is nothing you can do. If the seller knows about your offer and refuses to direct his agent and broker to deal with you, you are out of luck. The seller's agent and broker answer to the seller, not you. You cannot force them to do anything. If the seller has already signed off on an offer from another buyer, they are in contract, and you may be liable to the other buyer for intentional interference with contract if you induce the seller to back out of the deal and take yours. You need to give up on this or hire a lawyer to lead you through it.
Immediate?
If you have evidence of improper conduct by a licensed broker or agent, you can file a complaint with the Dept of Real Estate for them to investigate. That takes time. You could file a lawsuit and seek an ExParte court order for whatever remedy you could convince a judge you are entitled to. If serious about hiring counsel to consult or represent you in this, feel free to contact me to discuss your claims and evidence.
In the circumstances, I think you should rely upon your own agent's guidance, and if that isn't credible, have a three-way meeting between your agent, his broker, and yourself. Recourse to the courts is probably not going to be timely or cost-effective, and the issues presented seem to belong in the DRE disciplinary bailiwick rather than the courts. Also, take a look at your offer, your credit and funding, and other factors that might be influencing the seller's agent to prefer to present another deal to the bank for approval - - - maybe less money, but also maybe a higher chance of closing?