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All Forum Posts by: Dee Sams

Dee Sams has started 1 posts and replied 6 times.

Post: Unethical Actions by Realtor

Dee SamsPosted
  • Atlanta, GA
  • Posts 6
  • Votes 0
Originally posted by @Russell Brazil:
Originally posted by @Dee Sams:
Originally posted by @Russell Brazil:
Originally posted by @Dee Sams:
Originally posted by @Russell Brazil:
Originally posted by @Wayne Brooks:

Okay, what exactly is the “temporary occupancy period”? Did you agree for the buyers to have occupancy prior to closing?

 Like Wayne said, we need to know exactly what “temporary occupancy period” means.  Did you already sell the property and you were temporarily occupying post settlement? If so then those buyers are now the owners of the property and are entitled to the information and have the ability to enter the property.

 With notice to me, the tenant. 

 Then your problem is with your landlord, not your Realtor.  

 The realtor, too.  She gave the alarm code AND the key pad instructions to a person who had no right to them, breaching her agreement with me and her oaths.  The realtor should have referred the landlord to me.

As soon as you close, that Realtor is supposed to turn over the keys and alarm codes to the new owner.  

 Under a normal sale in which the buyer takes occupancy right then.  There is a different protocol with a rental agreement.  The alarm code is not given out, to protect to resident. The keys are delivered at closing and the attorney affirms the temporary occupancy agreement and the date that expires.  

What this realtor did violated the oaths.  My question is not to establish the error, rather what course of action?  I have been told it is considered so bad, return of commission is on the table.

Post: Unethical Actions by Realtor

Dee SamsPosted
  • Atlanta, GA
  • Posts 6
  • Votes 0
Originally posted by @Russell Brazil:
Originally posted by @Dee Sams:
Originally posted by @Russell Brazil:
Originally posted by @Wayne Brooks:

Okay, what exactly is the “temporary occupancy period”? Did you agree for the buyers to have occupancy prior to closing?

 Like Wayne said, we need to know exactly what “temporary occupancy period” means.  Did you already sell the property and you were temporarily occupying post settlement? If so then those buyers are now the owners of the property and are entitled to the information and have the ability to enter the property.

 With notice to me, the tenant. 

 Then your problem is with your landlord, not your Realtor.  

 The realtor, too.  She gave the alarm code AND the key pad instructions to a person who had no right to them, breaching her agreement with me and her oaths.  The realtor should have referred the landlord to me.

Post: Unethical Actions by Realtor

Dee SamsPosted
  • Atlanta, GA
  • Posts 6
  • Votes 0
Originally posted by @Thomas S.:

If there was nothing missing and no harm done report the realtor and move on.

 I don’t know what all is missing.  Right now, I cannot locate my passport and a ring.

Post: Unethical Actions by Realtor

Dee SamsPosted
  • Atlanta, GA
  • Posts 6
  • Votes 0
Originally posted by @Russell Brazil:
Originally posted by @Wayne Brooks:

Okay, what exactly is the “temporary occupancy period”? Did you agree for the buyers to have occupancy prior to closing?

 Like Wayne said, we need to know exactly what “temporary occupancy period” means.  Did you already sell the property and you were temporarily occupying post settlement? If so then those buyers are now the owners of the property and are entitled to the information and have the ability to enter the property.

 With notice to me, the tenant. 

Post: Unethical Actions by Realtor

Dee SamsPosted
  • Atlanta, GA
  • Posts 6
  • Votes 0
Originally posted by @Wayne Brooks:

Okay, what exactly is the “temporary occupancy period”? Did you agree for the buyers to have occupancy prior to closing?

 I was the seller, and negotiated with my buyer that I could stay in the home, after closing, for X days for $Y rent.  This agreement was facilitated by my realtor.  It was during this time period, I walked in on the buyer, who confirmed the alarm code she used. It was the alarm code I setup for the realtors.  

Post: Unethical Actions by Realtor

Dee SamsPosted
  • Atlanta, GA
  • Posts 6
  • Votes 0

Hello, the NAR referred me to legal counsel: my realtor, during my temporary occupancy agreement period, gave my buyer, not only the keys and the alarm code, but the instructions on how to disarm the alarm. I walked in to my home during the rental period, with no notification from my Realtor or buyer, to find the buyer with her painter in my home. I am not certain what items are missing. I was told that this is the most egregious breaches of a Realtors' Oaths and of course, breach of trust and that, at a minimum, I should receive the commission back.

Please let me know what you did if this happened to you and / or, what I should do?  I have reached out to the Realtor three (3) times and she has not responded at all.  Thank you for your input.