Legal Question in Real Estate Law in California

Can your realtor loan you money against your home ? Mine did now the loan term is up and the house has not sold so I can not pay him now . He is threatning legal action against me and the property .

Is this legal? How can your listing agent be also foreclosing on you ? Seems like a conflict of interest . Is this illegal or at least against real estate liceinsing code of ethics etc. ?


Asked on 10/25/11, 11:17 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Written contracts are enforceable. That's why people use them to make deals. It wasn't a conflict of interest to you when you took his money, was it? So now that the note is due, you want to raise that claim to avoid paying him back? You can try to raise conflict and disclosure issues in the lawsuit, and let the judge decide if you acted in other than good faith. Yes, the court may find that as a broker or salesman he should not have gotten involved in this loan, and may rule that he can't collect interest on the loan, only principle repayment, and he may face problems with the DRE, but none of those issues void your repayment obligation on the principle. He is going to get his money back. The court will not let you unjustly enrich yourself by your conduct.

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Answered on 10/25/11, 12:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree that whether or not the broker violated any ethical or professional rules, you'll be held liable to repay (assuming the loan is otherwise enforceable).

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Answered on 10/25/11, 1:37 pm


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