[WSBARP] Real Estate Agent

Andrew Lemmel andrew at lemmel-law.com
Thu Jun 16 09:50:26 PDT 2016


Tortious interference?

Andrew L. Lemmel
Andrew Lemmel Attorney at Law PLLC
1900 West Nickerson Street, Suite 116-153 | Seattle, WA 98119
P: 206-283-0593 | F: 866-397-4743
andrew at lemmel-law.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Matthew R. Johnson
Sent: Thursday, June 16, 2016 9:15 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Real Estate Agent

Listmates,

Client lived in a home for 7 years. They purchased it with a real estate agent, Agent1 that lives a couple doors down from the home they purchased. There is no social relationship between client and Agent1 other than there professional relationship.

2 years ago they move away and hire the Agent1 to do the sale. While the home is listed with Agent1, agent tries to get client to rent the home to 3 other people including agents friend to which agent requested free rent. While listed, Agent1 did little to find a buyer. Client believes agent was being highly selective on potential buyers because they would be Agent1's neighbor.

Client terminates Agent1 and lists with Agent2. Agent1 continues to contact client, try to get client to rent the home, and continues to interfere with the client-Agent2 relationship to the point that Agent2 notified Agent1's broker to get the behavior to stop.

Fast forward, because it's a small world, client learns of potential buyer from many months ago. Potential buyer decided they did not want the home after they learned that the home had water damage, mildew, and mold problems. The home does not have these problems. As it turns out, Agent1 has been telling other agents in the area that the home has these problems. Agent1 has also physically stopped other agents during showings of the home to tell them about these problems. Needless to say, client thinks Agent1's statements have blackballed the home in that market.

Any thoughts on causes of actions for this one? Any avenues to a CPA claim or other statutes that have more teeth? I have no doubt that Agent1's actions can probably establish liability, but proving damages will be rather squishy.

Regards,

Matthew R. Johnson | Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

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