Can you sue the real estate agent?

[Roger R.]

     So I'm selling my property In NYC and getting lots of attention.  A agent from Marcus and Millichap (MM), a national brokerage firm,  reaches out to me and says he has an interested buyer.  I say okay and explain certain parties are banned because they are notorious for being people that flip contracts and wasting a lot of time.   The agent from MM,  brings his father into the mix because he is one of the premier real estate attorneys  in the world of NYC rent stabilization.  I start explaining the building's history and then  again repeat the names of the parties that I won't transact with. Both agent and father assure me they don't represent those parties. Contract signed.

    A month later it becomes apparent that the people that I said I didn't want to do business with were the parties that signed the contract, hidden by an authorized representative.  I was pissed and called up, Marcus and Millichap and asked if it were ever okay for a broker/agent to lie to consummate a deal.  They said, "it's never okay to lie!",  but had a cover story about the banned parties getting involved after contract signing.  I can prove this to be false. 

   Low and behold the buyers weren't able to flip the contract and have refused to close.  I can start litigation to keep the downpayment and sue for failure to perform with the buyers, but wonder if the Brokerage house  and agent/ broker have any liability.  

 I welcome anyone's thoughts. 
 

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