Filing written complaints

George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD | Advice columnists

Nov. 26, 2007

Dear George: A REALTOR® representing me and several family members in the sale of our parents' home did the following:

He prepared a purchase contract on behalf of a prospective buyer and urged us to sign it, even though the contract had not been signed by
the buyer.
The REALTOR® didn't collect the option fee or any earnest money from
the buyer.
When questioned by us about the lack of signature, earnest money, or option fee, the REALTOR® claimed that none of those things were necessary because they would be taken care of in escrow.
At the same time that he was urging us to sign the contract, the REALTOR® submitted paperwork that indicated from the beginning he had also been representing the buyer; he asked us to sign that document too.

We refused to sign anything and the REALTOR® quit his representation of us in a huff. We don't think the REALTOR® was being fair to us as sellers. He must have violated some rules or laws, right?

Answer: Assuming your allegations are correct, the REALTOR® probably violated enough rules of the Texas Real Estate Commission and the statutory provisions of the Texas Real Estate License Act to get his license suspended or revoked. To pursue this matter, you and the other family members involved must lodge a formal, written complaint against this REALTOR® with the Texas Real
Estate Commission.

E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.

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