Legal Question in Real Estate Law in California

Misrepresentation by a unlicensed agent
I found a fixer upper selling below market. I left several messages for selling agent. 1 1/2 weeks later she showed the property & I made a verbal offer with a preapproval from my bank. I signed the formal offer the following business day & left a deposit. She assured me that there were no offers on this property. She told me that she would meet with the seller that evening. I did not hear from her for 3 days. I left messages with no response. She responded that another cash offer had been accepted but recommended that I counter offer and I did. Finally after several days & calls, she called & informed me that the seller would consider a higher offer. I accepted verbally & asked that she respond immediately to my offer. I had a friend call as a prospective buyer the agent disclosed our offer to the caller. The agent called days later & informed me that the seller accepted an offer for the same price as mine. I discovered that this agent is not licensed but working for a licensed broker. I was not represented & due to time delays, her negligence & inexperience, I lost out on a turn over profit of $50,000.00. What recourse do I have against this ''unlicensed agent'', broker, seller?

Asked on 11/20/01, 5:15 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Misrepresentation by a unlicensed agent

If you happen to be in Northern California, give me a call. I agree with Mr. Selik that you have a strong case agains the various parties, and the broker could be in line for some serious problems with the DRE.

I, too, and a licensed real estate Broker, and engaged in the active sale of real estate for 10 years prior to becoming an attorney.

Let me know the name of the agent and the brokerage, and I will run a check on them.

Answered on 11/20/01, 7:15 pm

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Larry Rothman Larry Rothman & Associates

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Re: Misrepresentation by a unlicensed agent

You may have a very good case. If you have any written documentation, please fax it to me at (714) 363-0229. I will consult with you at no charge. I take some cases on a contingency basis and will handle cases all over California.

Answered on 11/20/01, 7:33 pm

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