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Q: Real Estate agent laws and rules Brooklyn, NY. ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Real Estate agent laws and rules Brooklyn, NY.
Category: Miscellaneous
Asked by: shveckle-ga
List Price: $20.00
Posted: 17 Mar 2004 15:48 PST
Expires: 16 Apr 2004 16:48 PDT
Question ID: 317742
I am a real estate agent and I have a buyer interested in a MLS
listing condo.  I call the listing agent to set up an appointment to
see his listed condo, the listing agent says it is still available. 
The listing agent takes a long time in getting back to me and finally
sets up an appointment on a day in which one of his buyers also comes
on the same appointment.  My buyer and his buyer look at the condo at
the same time, my buyer puts an offer in 24 hrs later.  I call the
listing agent and he says an offer has already been accepted obviously
from the other person who was there at the same time as my buyer.  I
ask what did he bid, because my buyer was ready to go as high as it
takes.  The listing agent says his buyer's offer has been accepted and
that is it.  It doesn't seem like he has the owner's best interest in
mind.  What can I do?  Can I call the owner directly to tell him that
my client is ready to bid higher then the offer he has accepted?  This
is in Brooklyn,  NY.
Answer  
Subject: Re: Real Estate agent laws and rules Brooklyn, NY.
Answered By: tutuzdad-ga on 17 Mar 2004 16:52 PST
Rated:5 out of 5 stars
 
Dear shveckle-ga;

Thank you for allowing me an opportunity to answer your interesting question.

Ever hear the old adage, ?Two wrongs don?t make a right??

Do yourself a HUGE favor - DON'T call the home owner. If you report
what you know about your unscrupulous competitor?s activities, you
stand a good chance of having to face a civil suit from your
competitor alleging slander. Even if it is unfounded and you have
proof that you are right, unfortunately he can still sue you and cause
you a great deal of grief, not to mention the stress and financial
hardship of just having to defend yourself in a frivolous action.

At the same time, "two wrongs" means BOTH of you are wrong. By calling
the home owner you could theoretically assume the position of ?bad
guy? here also. Your competitor might just be smart enough to file a
complaint against you for conflict of interest (even though ?that?
might be unfounded too). If he got the jump on you in this regard your
counter-complaint wouldn't be very strong.

You can go to war with this guy if you want to but don't involve the
home owner. Leave it to the proper agencies to do that if it becomes
necessary. By policy we can?t offer legal advice, but if I were in
your position I would gain the upper hand FIRST and beat him to the
punch. If this had happened to be I would have immediately contacted
the Brooklyn Board Of Realtors and filed a complaint alleging
deceptive and unfair practices on the part of my competitor and
insisted that this matter be investigated, and if possible prosecuted
to the fullest extent of Real Estate Law, up to or including a harsh
reprimand, fine or suspension of his license. I would be sure to do
this BEFORE the deal goes through if I could.

BROOKLYN BOARD OF REALTORS, INC
464 Bay Ridge Ave, Brooklyn, NY 11220  
Phone: (718) 238-0202

Or 

BROOKLYN BOARD OF REALTORS, INC
2923 Avenue J, Brooklyn, N.Y. 11210 
Phone: (718) 253-8815
Fax: (718) 692-1508

Email: http://www.brooklynrealtor.com/html/contact_us.html
Website: http://www.brooklynrealtor.com/html/home.html 

If I didn?t get satisfaction there (and I?d tell the Board up front
that I was over their heads if nothing is done) I?d contact:

NEW YORK DEPARMENT OF CONSUMER AFFAIRS
http://www.nyc.gov/html/dca/home.html

NEW YORK STATE CONSUMER PROTECTION BOARD
http://consumer.state.ny.us/

NEW YORK BETTER BUSINESS BUREAU
http://www.newyork.bbb.org/

And if necessary:

THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL
http://www.oag.state.ny.us/

I would imagine this would cause interest in the matter to rain down
in a torrential downpour that everyone would rather avoid if you see
what I mean.

You can probably get your pound of flesh, but don?t do it at the risk
of a pound of your own. It isn?t worth it. Do it the right way and
maybe all this will work out for you.

Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that that my research exceeds your expectations. If you have any
questions about my research please post a clarification request prior
to rating the answer. Otherwise, I welcome your rating and your final
comments and I look forward to working with you again in the near
future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


INFORMATION SOURCES

BROOKLYN BOARD OF REALTORS, INC
http://www.brooklynrealtor.com/html/home.html 

NEW YORK DEPARMENT OF CONSUMER AFFAIRS
http://www.nyc.gov/html/dca/home.html

NEW YORK STATE CONSUMER PROTECTION BOARD
http://consumer.state.ny.us/

NEW YORK BETTER BUSINESS BUREAU
http://www.newyork.bbb.org/

THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL
http://www.oag.state.ny.us/




SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

REAL ESTATE LAW, NEW YORK, ATTORNEY GENERAL, BETTER BUSINESS BUREAU,
CONSUMER AFFAIRS
shveckle-ga rated this answer:5 out of 5 stars

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