<p>Ok, now that I’ve got your attention - is there a way of finding out if an individual who says he was once a lawyer was disbarred in any state? I’ve tried googling but it looks like I can only find info by state and I don’t know which state the ex-lawyer in question practiced in but it doesn’t look like California, unless it was under a different name. This has to do with a real estate agent who says he was once a lawyer - then garbage collector - then teacher - and now real estate agent (the agent for my buyer in a real estate sale that has become more than a nightmare). I’d heard the story that this guy was an ex-lawyer, ex-garbage collector,ex-teacher and now a real estate agent and I wondered why. Now as things become even more difficult I started to wonder if by chance he’d been disbarred. But I don’t know how to search. It truly may make no difference what so ever, but I’m curious to see if I can find out why he doesn’t practice law any more. Thanks.</p>
<p>Ah, I found my answer - this guy was admitted to the bar in California but under a different first name(and he was only active for 9 months in 1978) and in fact I found that even his real estate license is under a different first name than he uses (but the address is the same).</p>
<p>If it’s a different first name, it may very well be a brother. Keep that in mind.</p>
<p>I’m sorry to hear that your transaction has become troubled. Have you contacted the RE brokers themselves to see if they can help? It seems that almost anyone can become a RE agent and there are some really bad ones (and some good ones). I ran into an issue once when buying a house from an owner who was actually a RE agent but this owner/agent was actually very ignorant about RE law and my agent knew it so it all turned out okay.</p>
<p>Something sure sounds fishy about the one you’re talking about.</p>
<p>ucsd_ucla dad, is there a way to find out if someone is a broker or an agent? He has his own real estate firm - and when I was first checking on the Calif. Real Estate Board, I tried to search for the name of the firm he has on his business cards & on all the contracts and the search returned zero results for that name. I guess I really don’t understand the difference between a real estate broker and an agent. Maybe that is the question that needs to be answered. </p>
<p>& UriA, its an interesting idea that perhaps this guy is working under someone else’s license either a brother or ??? </p>
<p>Something surely is fishy in all this - he’s also now suggesting that he “be the mediator” to resolve the current dispute. How in the world could he act as mediator for us when he has been representing the buyer of my house? </p>
<p>My agent is helping me through all of this and after he holidays will be getting additional help from his broker.</p>
<p>oaklandmom:</p>
<p>Sorry, I don’t know the answer to your question but hopefully your agent’s broker will be able to come up with an action plan that’ll help you.</p>
<p>The idea that the agent for the disputing party would be a mediator is bizarre.</p>
<p>I’d expect a broker to perhaps have more experience. Certainly there are some 'agent’s who seem to know next to nothing about real estate even though they managed to obtain the license. Of course, there are also some very knowledgeable agents as well.</p>
<p>From wiki -
[Real</a> estate broker - Wikipedia, the free encyclopedia](<a href=“http://en.wikipedia.org/wiki/Real_estate_agent]Real”>Real estate agent - Wikipedia)</p>
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<p>Cute one! Can they really get out of the contract with that dog story?</p>
<p>How in the world could he act as mediator for us when he has been representing the buyer of my house? </p>
<p>Pshaw! It’s always easier to mediate when you’ve already chosen a side. Sheez. It saves money and the trains run on time.</p>
<p>Thanks, cur, I can always count on you, I’m laughing for the first time in many a day! </p>
<p>I’m making a list this morning - the time line of the sale as well as other things that have been fishy all along with the buyer’s realtor. Late yesterday afternoon I called the Real Estate Board and asked about the name difference and was told that he must use the name on his license for contracts, etc. And I was told this would void the contract. I don’t know if I’m going to reveal this piece of info unless I have to and it is something I’ll talk to a practicing lawyer about before I go forward.</p>
<p>IF this voids the contract, does it mean that you are not entitled to keep the deposit? Wow!</p>
<p>marite, that is exactly why I need to find a good real estate lawyer - it scares me. I would hope it means the buyer would then have recourse against her agent, I’m truly hoping I don’t have to file suit against both the agent (due to his lack of license and/or using the wrong name on the contract) and the buyer due to her breach of the contract. Oh dear me!</p>
<p>Ethical and lawyer don’t belong in the same sentence. :-)</p>
<p>Until you need one.</p>
<p>I am a realtor. For my state you must be licensed by the state and to become a realtor you must also take the national test otherwise you are a realter. Realtors must abide by the ethics code of the county board, state and national board.<br>
In my state the agent must sign the contracts as how their name is listed. Also if he has created a breach of contract you can sue, however you most likely signed a contract which says you will not sue, but go into mediation.
My suggestion to you is to contact a title company, in our state they must preside over any and all closings, thus they will have the most knowledge of any lawyer.
Also contact the state board and place an ethical claim against him. The board will have an actual inquiry, the realtor typically will attend with an attorney. The results can vary from a slap on the hand to revocation of license and a fine. Our state allows the complainant to attend the hearing. If they are found guilty this of course will help in a civil matter.</p>
<p>To everyone reading this here are a few tips:
- Make sure they are a Realtor —belongs to the NAR which has strict ethical rules.
- Go with a national company, they too have an ethics board. i.e. C21, Prudential, Cibsy & Kline, Jobin.<br>
Mom and Pops are usually in it for the little niche and do not have the oversight that nationals do.<br>
Nationals like C21 also required 2x a month meetings for the entire office, and ethic cases that are in front of the County Board are discussed. My office is such a stickler that we have only black pens for clients to sign…yes, believe it or not some brought up a discrimination case because they were handed a red pen and their mate was handed a black pen. - If you only meet them at your house it might be a sign, seems like the care and going out of the way, but you should go and find the physical building…I know of an office that was literally a 10 x 10 office that no one worked in, it had the switchboard in their home that re-directed phone calls to agents.
- Interview an agent, I have been in the business for 5 years and interviewed many times, I have always signed with the clients and they were my easiest to work with. This is a business transaction, it is not personal. If they get offended being interviewed then run. The most informed client is the best.</p>
<p>Best of luck</p>
<p>Filing a law suit, IMO, will cost too much for the 10k +100/day. Why not look into mediation, but not through someone already representing the other party. I would look into mediation through the American Arbitration Association (I know nothing further about them). Actually, I just looked them up. They might mediate only in the NY area, not sure. That could be a starting point, perhaps they can point you in the right direction for help in your state.</p>
<p>Most contracts state that you will not sue, but go into arbitration/mediation. The arbitration company is assigned by the county or state board. I know in VA and NC that is the case, the contract even has a little x hair that you must initial saying you have been informed of that right, otherwise your listing and sale contract is voidable since it did not have the init/sig. In NC both clients and realtors will meet with the arbitrator. In VA the arbitrator will request the broker to be there since every contract is signed by the broker, thus they are also a part of the contract. Little known fact you are not employing the realtor, but the managing broker, hence they are held responsible … fast way to tick off your broker is to get them into a case. Also a broker is not necessarily the owner. We have many brokers in our office, they are brokers b/c they have 5 active yrs as a realtor and take an additional 80 hrs in education.<br>
Every realtOR must also have 30 hrs of cont ed every 2 years, 8 hrs must be ethics and fair housing. RealtER does not have to since they are not a member of any board, they just have a license.
As far as lawyers most reputable real estate attorneys will have a pre-lim with you for about 100 and then you can determine your chances.</p>
<p>Again the best result is to call your county board and talk to the person who is in charge of ethic violations… Also go to [url=<a href=“http://www.NAR.com%5DNAR.com%5B/url”>http://www.NAR.com]NAR.com[/url</a>] to find your contact. This will only help if they are a Realtor.</p>
<p>This comes directly from CAR, hope it helps.</p>
<p>Article 13
REALTORS? shall not engage in activities that constitute the unauthorized practice of law and shall recommend that legal counsel be obtained when the interest of any party to the transaction requires it.</p>
<p>Article 14
If charged with unethical practice or asked to present evidence or to cooperate in any other way, in any professional standards proceeding or investigation, REALTORS? shall place all pertinent facts before the proper tribunals of the Member Board or affiliated institute, society, or council in which membership is held and shall take no action to disrupt or obstruct such processes. (Amended 1/99)</p>
<p>Standard of Practice 14-1</p>
<p>REALTORS? shall not be subject to disciplinary proceedings in more than one Board of REALTORS? or affiliated institute, society or council in which they hold membership with respect to alleged violations of the Code of Ethics relating to the same transaction or event. (Amended 1/95)</p>
<p>Standard of Practice 14-2</p>
<p>REALTORS? shall not make any unauthorized disclosure or dissemination of the allegations, findings, or decision developed in connection with an ethics hearing or appeal or in connection with an arbitration hearing or procedural review. (Amended 1/92)</p>
<p>Standard of Practice 14-3</p>
<p>REALTORS? shall not obstruct the Board’s investigative or professional standards proceedings by instituting or threatening to institute actions for libel, slander or defamation against any party to a professional standards proceeding or their witnesses based on the filing of an arbitration request, an ethics complaint, or testimony given before any tribunal. (Adopted 11/87, Amended 1/99)</p>
<p>Standard of Practice 14-4</p>
<p>REALTORS? shall not intentionally impede the Board’s investigative or disciplinary proceedings by filing multiple ethics complaints based on the same event or transaction. (Adopted 11/88)</p>
<p>My H is an attorney, but not in your state. He told me that actually in NY most contracts do not state that you won’t sue (so you can go after the liquidated damages), although some do. BTW, he explained to me that arbitration is still suing, but one appears in front of an arbitrator.This route is far cheaper because one does not have all the motions and discovery is limited. It seems like you don’t have all those depositions either. He just told me that the American Arbitration Assoc’s main office is in Rhode Island, so maybe they can be of assistance. Good luck! </p>
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<p>I think that this is ^ is what I’d do, so I would know how to proceed from soneone who knows what they are doing.</p>
<p>As far as your earnest money, that can only be kept if they (buyers) did not fulfill their fiduciary duties…i.e, didn’t get a mortgage, refused to come to the table on the appropriate time. If their realter ( I believe this is a realter, not a REALTOR since they did not have their name at the board…again you can get a license, but not be a part of CAR…didn’t pay the dues —they are hefty VA is @1400 yr + lock box charges) One quick way to know is if they have a lockbox that is electronic and not combo…can only get electronic if a member in our state.<br>
If the buyer fulfilled their duties than you usually are not entitled to the money. Also where was the money deposited…your Realtor or theirs? Easier to get if its yours, obviously it is typically an uphill battle.</p>
<p>For my license purposes I am speaking about my own knowledge and not in your state, I as a Realtor advise you to contact an attorney…that’s a part of our ethic code to state that to you so you do not rely on us as an educated attorney (we/ I officially state that in regards to inspections and mortgage issues too)
Many Realtors carry E & O insurance (error and omissions)</p>
<p>Oxymoron anybody?</p>