Legal Question in Business Law in Maryland

Real estate agent from hell

A Remax agent locked me into a contract for 60 days with some bankrupt people.

The agent notifies me one hour before settlement there is no closing no sale.

The agent and broker refused to help me get the escrow money.

I fired the Remax agent by sending a fax letter to her office. The letter was sent to the broker and to the real estate agent.

The same day when she was fired before 11 AM, she calls me in the evening 8 PM that she has a full contract for me to sign.

At the settlement she got a 6% fee because she denied that we had an agreement or that the contract was invalid since I fired her in writing. Since oral agreements are not valid in real estate she needs a new contract with me after being fired?

I sued the agent in Small Claim Court for breach of contract and consequential financial losses..

The agent for continuance and after for dismissal. Court rejected, is not legal to dismiss.

I received a letter from the Remax agent�s attorney in which they notify me that they will defend and ''I better prove everything''.

The agent�s lawyer is harassing me with discovery he keeps trying to interrogate me.

JB


Asked on 8/06/01, 3:22 pm

2 Answers from Attorneys
Thomas McCarthy, Sr. Thomas McCarthy, Sr., Esq., P.C.

Re: Real estate agent from hell

Your options depend on the terms of the contract that you signed and the facts.

From your message, I don't know what the terms of you contract are, and the facts are not clear.

Rule 1 in your situation is, "Read the contract"

I would be happy to assist you. Please call me at 410-28-8305.

Regards,

Tom McCarthy, Sr.

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Answered on 8/07/01, 12:58 pm
Lawrence Holzman Holzman Law Firm, LLC

Re: Real estate agent from hell

You should contact an attorney to obtain advice pertaining to your facts. As you have stated them in your posting, the facts are a bit unclear.

Typically, a real estate agent's official duty is to obtain a contract offer. If the contract offer meets his sellers' requirements, then the seller accepts the offer. That is usually the only way that a seller can be "locked-in" to a contract. However, the specific duties of your particular real estate agent are undoubtedly spelled-out precisely in the listing agreement that you signed. You should review it closedly with an attorney.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 8/07/01, 2:22 pm


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