Q: Can a realtor choose to stop representing you in the middle of a transaction?
My realtor served as my selling realtor and buying realtor. As a result of poor representation on the sale of my home, I am having to send him a demand letter in order to be compensated for monies lost through the sale transaction. I am asking that the realtor compensate me through a credit back on the purchase of my new home which is due to close in a few days. We are choosing to go through a demand letter as opposed to simple oral negotiations as a result of the negligence and manipulative behavior on the part of my realtor. Can my realtor choose to not represent me through the close of escrow on my purchase and effectively drop me as a client in the middle of a transaction? If so, what are my rights? If that were to happen, how do I continue with the purchase in order to close on time?
You raise an interesting question; and if these interesting facts involved a lawyer--as opposed to a Realtor who is not a lawyer--the answer would be very clear: Sending a demand letter of the nature you describe to any lawyer would immediately cause a fatal conflict of interest that would require the lawyer to "fire" you--before you had an opportunity to fire the lawyer. (Yes, lawyers really can fire clients.)
So--out of an abundance of caution--I will suggest that creating an enormous conflict between you and your Realtor-- on the eve of the closing-- will not only result in a nasty fight over money; it may result in your inability to finalize the deal, thereby injuring the buyer. So, unless you want to start a big fight that delays-- or completely stops the sale--I suggest that you try to find some other way to solve whatever problems you are so upset about.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.