16 Dec, 2015 → by ClaimboUser142536
Ethical Misconduct

1

On 16 Dec, 2015 I submitted the following complaint with the North Carolina Real Estate Commission. I have redacted certain identifying info for this site, but the claim itself is a matter of public record once filed. I may check back with further info if ANYTHING is done about this. As of this time, 1 day before close on a 'rush' close requested by buyer, no one has any good new for me on this matter. I am simply stuck paying for a job shabbily done. from the NCREC-401 form ------------------------------ On 14 December, 2015 at or about 12:00 noon at the site of [NC Home address], my wife [redacted] and I had arrived to continue preparation the property for a rapid sale and close planned for 18 December as requested by the buyer. A white [car model] was in the driveway, which I admit I mistakenly presumed to belong to a realtor, perhaps with a buyer in tow, understanding that an inspection had been or was taking place for the buyer, and I decided to stay outside the home until they had completed whatever business was to be conducted in peace. At shortly before 1 pm I observed a lady exiting the front door of the property and securing the keys in the lockbox set up by our realtor [my realtor] of [her agency] Properties. I thought this was the Buyer's agent as I approached her only to have her introduce herself as [prospective buyer redacted], the prospective buyer. The buyers' agent was no where in the vicinity and had not been there more than an hour during which we were working outside the house, prepping for a fast scheduled close requested by the buyer. Even the inspector had left the property prior to our arrival without having [buyer] exit the home. It was the Buyer Agent's duty and responsibility to see that this was not the case. I am outraged that a realtor would leave any persons unknown to me at a property unattended and unobserved, that are not properly bonded and registered without specific permission from my wife or myself. The liability and security issues posed by this failure to protect my interests by the buyer agent are considerable. The fact that no currently identifiable harm was cause this time is not relevant. This is such an incredible breach of trust, and I feel that if it is not a breach of law or rules that it definitely should be. Contact with the buyer agent's employer including a request to reduce the commission over this trespass rendered no resolution. She told her employer she wasn't feeling well and had to leave, leaving the owner with the inspector. To me this is not mitigation of the circumstances. Any number of other actions could have been taken to protect my interests as the current property owner. As the current outcome to this, I seem to be without recourse to pay this agent's full 3% commission, which I find reprehensible, when payment is premised on that agents duty to protect my interests even as the buyer agent when showing my property. Please take immediate and just action on this matter as may be appropriate under your organizations rules and bylaws.
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