Filing written complaints

ask george & chuck

Filing written complaints

 

Dear George: A REALTOR® representing me and several family members in the sale of our parents' home did the following:

  • He prepared a purchase contract on behalf of a prospective buyer and urged us to sign it, even though the contract had not been signed by the buyer.
  • The REALTOR® didn't collect the option fee or any earnest money from the buyer.
  • When questioned by us about the lack of signature, earnest money, or option fee, the REALTOR® claimed that none of those things were necessary because they would be taken care of in escrow.
  • At the same time that he was urging us to sign the contract, the REALTOR® submitted paperwork that indicated from the beginning he had also been representing the buyer; he asked us to sign that document too.

We refused to sign anything and the REALTOR® quit his representation of us in a huff. We don't think the REALTOR® was being fair to us as sellers. He must have violated some rules or laws, right?

Answer: Assuming your allegations are correct, the REALTOR® probably violated enough rules of the Texas Real Estate Commission and the statutory provisions of the Texas Real Estate License Act to get his license suspended or revoked. To pursue this matter, you and the other family members involved must lodge a formal, written complaint against this REALTOR® with the Texas Real Estate Commission.

  E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.  

MORE ASK GEORGE & CHUCK

George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.

Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.

George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency published by Thomson Publishing.