board of realtors code of ethics "?"

[talthoff]

My question is does the listing agent have a responsibility as a realtor to gather signatures of all owners in a property before they try and list a property? I would like to file a complaint with the board of realtors for the below situation. I am having trouble find what code of ethics the listing realtor violated and the CBR seems they don't want to help me.

Recently I was trying to purchase a home in Ohio, Columbus area. After the inspection period I received a letter from an unknown person saying they wanted to us to sign to remove him of all liability from the property. It turned out that the unknown person was the ex husband which had half interest in the property and had not signed any documents to date. We tried to negotiate to get him to sign all document but were unsuccessful and had an attorney get us of the contract one day before closing. This was about 1.5 months ago. The plot thickened this week when I discovered the property sold to the ex-husband, after a year on the market. I am now pursuing getting all money for inspections/appraisal from the individuals. I also want to file a complaint with board of realtors because I feel that if the listing realtor did his job correctly I wouldn’t have gotten involved in the mess to begin with.

Thank you

[tarheit]

I'm not sure it's a breach of ethics per say, but may be a breach of fiduciary duty (would have to ask my wife exactly which ethics code or law was broken, if any.). Note there is the 'code of ethics', Realtors are bound to, and a Cannon of Ehics that all salespeople in ohio are bound to (in additional real estate and contract law, etc.)

You can always voice your complaint to the local board of Realtors (It's not necessary nor your job to determine which or what is broken). And you can go higher up and report it to the state. The complaint form for the state is found here: http://www.com.state.oh.us/real/remain.htm

-Tim

[talthoff]

thanks for your help. I would appreciate it if you would ask your wife...Thanks again. btw would it do any good if i file a complaint to the company the realtor works for-he has his own office/team?

[tarheit]

My wife ran into a similar situation where only one of two parties owning a property had signed the listing agreement (with an agent at another office). The other agent was attempting to get commission on a sale (they didn't make) claiming to have a listing contract on the property. The state board told my wife that since both parties had not signed the listing contract, it was not a valid contract, and was void. (This was the official advise from the Ohio Board!)

It's more a matter of breach of fiduciary duty and contract law and not one of ethics specifically (code of cannon of ethics), and as such would be matter for the state board (http://www.com.state.oh.us/real/remain.htm )

You can try and contact the broker of the office in question and explain your concerns, that you are out money, because they advertized a property and proceeded with an offer up until the day before closing WITHOUT a legal listing contract OR a legally accepted purchase contract. If they realize their mistake and liability thereof they should be happy to settle your expenses, but there is no guarentee. (We've actually had one broker state to us (word for word) "most people don't sue (or file a complaint with the state)" )

Also see General Advise for pursuing a problem with a Realtor in Ohio, (http://www.busybrealty.net/index.php?option=com_content&task=view&id=56&Itemid=0)
(Though it's pretty much whats already stated here.)

-Tim