[WSBARP] Real Estate Agent

Thu Jun 16 11:05:37 PDT 2016

Besides the other informative advice, one can file a complaint about realtors with Washington’s DOL.  See http://www.dol.wa.gov/business/realestate/complaint.html 

It also sounds like maybe a protection order may be necessary. 

Very truly yours,

Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

      <http://www.wickertlawoffice.com/> www.wickertlawoffice.com

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of david at vaughanlawonline.net
Sent: June 16, 2016 10:02
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Agent

Perhaps try to pursue it as a per se violation of the CPA under RCW 19.86.020?

Just in 18.85 and 18.86 there appear, based on the recitation of facts, to be plenty of avenues for license-related actions against Agent 1 and potentially Agent 1's broker.

-------- Original Message --------
Subject: Re: [WSBARP] Real Estate Agent
From: Andrew Lemmel < <mailto:andrew at lemmel-law.com> andrew at lemmel-law.com>
Date: Thu, June 16, 2016 9:50 am
To: WSBA Real Property Listserv < <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com>

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

 <mailto:andrew at lemmel-law.com> andrew at lemmel-law.com

From:  <mailto:wsbarp-bounces at lists.wsbarppt.com> wsbarp-bounces at lists.wsbarppt.com [ <mailto: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:  <mailto:wsbarp at lists.wsbarppt.com> 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)
 <https://www.gravislaw.com/> Website -  <https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a> LinkedIn

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