Legal Question in Real Estate Law in Virginia
My husband and I recently rented out a property (a home) in Virginia. Our realtor misled us in several fashions, but the most egregious act we have uncovered so far is that she actually gave the key to our home to the family members of the new tenant (they live in the area - the tenant was on the ofther side of the country) BEFORE the lease was signed. The family members were in our home moving in furniture without our knowledge and without our consent. In fact, we had a discussion with our realtor where we stated that NO ONE should have access to our property before the lease was signed. We had a couple of addendums in the lease we wanted to go over with our new tenant before access of any kind was granted to the home. (The tenant had mentioned wanting to construct a fence in our yard as soon as she moved in - we wanted to make sure she was aware that nothing could be altered on the property without our written consent).
My question is, what recourse do we have with this realtor? Yes, we signed a contract with her the day she listed our property, but there is nothing in the form that I can find that addresses a situation like this. The realtor has evaded our phone calls and emails and we have documented proof that she lied about giving the keys to the family, among other things.
We want to fire her immediately; we are also hoping to avoid paying the commission. I simply can't fathom giving this person money after all that has transpired.
Any help would be greatly appreciated.
Thank you,
Ashly
The lease
1 Answer from Attorneys
So, if this realtor has committed a material breach
of the agreement, fire her (as a certain former presidential aspirant
might intone).
As for your damages, there would appear to be none
worth getting litigious over (as best as I can determine from
your question).