Anyone ever sue a realtor for denying you access to a property?

[Marc M]

Im thinking about suing a realtor in small claims for denying me access to a property a client wanted me to inspect. There are about 50 agents that do this so i was thinking about sticking it to one of them.
They claim I do work on homes I inspect...please. I don't even work on my own house.

Truth is, they are used to these other soft baller, rubber stamping , know nothing inspectors that walk blindly through a house in 45 minutes no matter what size it is so they both can cash a check... Idiots... the lot of them

I figure for $30 filing fee it'll at least waste her whole day, much like she did mine. Who knows, maybe set some precedence.

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[Jerry Peck]

I never tried that, but thought about it too, I only lost a few as most of my clients dropped the agents and the broker, switching to another broker and agent.

I was told by clients that brokers would say 'we have a contract', to which the client would remind the broker (and agent) 'the seller has a listing contract with the listing agent and broker - the buyer doesn't have a contract with their agent, and being as you are going along with the listing agent, you were apparently never working on my behalf'.

A couple of listing agents even wrote in the sales contract at the inspection clause section that 'Inspection Services Associate was not allowed to perform the inspection' (that was my inspection company name) - but I heard through the grapevine that a client threatened to sue one of those agents and that was never done again.

Start by checking the link beloe, and maybe if CA has special laws about it too.

https://www.minclaw.com/tortious-interference/

[Markus Keller]

Myself and other good inspectors I know have all discussed this at various times. None of us have done it because it would take up a lot of time and money that we just haven't been interested in wasting. Other options have seemed to be more productive:
- Over the years I've had an attorney put together a couple bad cease & desist letters. They work until the next flock of know it all newbie agents come online
- It has been more effective to threaten to file a compliant with the State licensing board; this tends to work well because none of them want the IDFPR on their case
'Oh Mr. Agent man you are denying me access to the property and restricting my clients rights under this transaction'?. I just want to make sure that's what you are telling me because I'm documenting this phone call and will be sending a detailed report about it to the licensing board. Thank you. Oh you aren't denying me access after all? Great see you at 2pm.
- Its been helpful educating clients on what their rights actually are so they understand the process and can have legitimate responses to agent BS
- Its also helpful to explain to a buyer / client exactly what an agent is saying about themselves and how little they care about the client when they describe an inspector as a 'dealkiller'. Once you explain to a client what that actually means, its pretty much a done deal the buyer isn't going to back down and go with the agents recommended checkbox idiot
- It isn't uncommon around here for various developers to 'ban' good inspectors from their sites or create access restrictions. That's always a fun one.

What it really comes down to is educating homebuyers / clients about their rights and how the process is supposed to work so they can exercise their rights sufficiently. Educating buyers allows them a chance of protecting themselves from all the sharks in the industry. The level of 'lets keep the buyer in the dark' mentality among multiple parties in the home buying process is staggering and unfortunate.
As an inspector I prefer to stay out of the drama but sometimes its obvious the buyer doesn't know anything, the agents and flipper/developer are about to stick it to them and nobody is educating the buyer. I've stepped in and explained some of the basics to a buyer. The agent of course gets really mad. I tell the buyer, call your attorney, ask him/her if anything I said is false and then make your decisions from there. Its amazing how many people have called back and said they were stunned at how little they knew about the process and how nobody else was telling them anything. Other times you try to help a client and they just don't get it. The inspector is from the village and the attractive agent in the Lexus is from downton abbey. Of course they end up trusting the agent who is sticking it to them.
To some extent buyers are to blame because most people do more research on which no vacuum cleaner or fridge to buy rather than how to go through the homebuyer process or do a rehab.
On the other hand, buyers are assuming the smiling sweet talking professionals are there to help them.
I talked with a buyer yesterday who feels like his own agent isn't exactly working on his behalf.
Big surprise

[Marc M]

Myself and other good inspectors I know have all discussed this at various times. None of us have done it because it would take up a lot of time and money that we just haven't been interested in wasting. Other options have seemed to be more productive:
- Over the years I've had an attorney put together a couple bad cease & desist letters. They work until the next flock of know it all newbie agents come online
- It has been more effective to threaten to file a compliant with the State licensing board; this tends to work well because none of them want the IDFPR on their case
'Oh Mr. Agent man you are denying me access to the property and restricting my clients rights under this transaction'?. I just want to make sure that's what you are telling me because I'm documenting this phone call and will be sending a detailed report about it to the licensing board. Thank you. Oh you aren't denying me access after all? Great see you at 2pm.
- Its been helpful educating clients on what their rights actually are so they understand the process and can have legitimate responses to agent BS
- Its also helpful to explain to a buyer / client exactly what an agent is saying about themselves and how little they care about the client when they describe an inspector as a 'dealkiller'. Once you explain to a client what that actually means, its pretty much a done deal the buyer isn't going to back down and go with the agents recommended checkbox idiot
- It isn't uncommon around here for various developers to 'ban' good inspectors from their sites or create access restrictions. That's always a fun one.

What it really comes down to is educating homebuyers / clients about their rights and how the process is supposed to work so they can exercise their rights sufficiently. Educating buyers allows them a chance of protecting themselves from all the sharks in the industry. The level of 'lets keep the buyer in the dark' mentality among multiple parties in the home buying process is staggering and unfortunate.
As an inspector I prefer to stay out of the drama but sometimes its obvious the buyer doesn't know anything, the agents and flipper/developer are about to stick it to them and nobody is educating the buyer. I've stepped in and explained some of the basics to a buyer. The agent of course gets really mad. I tell the buyer, call your attorney, ask him/her if anything I said is false and then make your decisions from there. Its amazing how many people have called back and said they were stunned at how little they knew about the process and how nobody else was telling them anything. Other times you try to help a client and they just don't get it. The inspector is from the village and the attractive agent in the Lexus is from downton abbey. Of course they end up trusting the agent who is sticking it to them.
To some extent buyers are to blame because most people do more research on which no vacuum cleaner or fridge to buy rather than how to go through the homebuyer process or do a rehab.
On the other hand, buyers are assuming the smiling sweet talking professionals are there to help them.
I talked with a buyer yesterday who feels like his own agent isn't exactly working on his behalf.
Big surprise

On point... Im not into drama but it seems to follow me.
I agree about the clients acting like sheep and blindly following the agents advice and NOT doing their own research. They have no issues with pitting our prices agains the lesser priced inexperienced among us though.
I hate this business now. It used to stand for something good. We used to provide a genuine service now i feel like we just facilitate just another part of the transaction that simply "has to get done".
It also seems that the lesser more inexperienced are the real players while those of us like yourself, get shafted.

- - - Updated - - -

I never tried that, but thought about it too, I only lost a few as most of my clients dropped the agents and the broker, switching to another broker and agent.

I was told by clients that brokers would say 'we have a contract', to which the client would remind the broker (and agent) 'the seller has a listing contract with the listing agent and broker - the buyer doesn't have a contract with their agent, and being as you are going along with the listing agent, you were apparently never working on my behalf'.

A couple of listing agents even wrote in the sales contract at the inspection clause section that 'Inspection Services Associate was not allowed to perform the inspection' (that was my inspection company name) - but I heard through the grapevine that a client threatened to sue one of those agents and that was never done again.

Start by checking the link beloe, and maybe if CA has special laws about it too.

https://www.minclaw.com/tortious-interference/

Apparently its an office wide rule, that no agents in that office allow me on their listings.
I looked at that link and it seems as if that is exactly what's needed here (for me). I was thinking small claims, but now Im not. Who knows, maybe i'll set some precedence for you guys.

[Jerry Peck]

Apparently its an office wide rule, that no agents in that office allow me on their listings.

If CA is like FL, then the Broker is the one on the hook for anything that goes on under him/her, and if the action/inaction is 'office-wide policy', then there is no wiggling out for the Broker.

Have your attorney write a letter to the Broker about the policy, reporting them to the RE Board, and a mention of tortious interference (if your attorney thinks it is or potentially is, applicable), I suspect the policy will be changed. Also have your attorney offer 'encouragement that the Broker invites you to their office when they explain their new policy to their agents in your presence', that way 'you will know that the Broker took action on the complaint letter'.

Walk in with your cowboy boots on and ask if anyone wants to be the first to play hangman, you have the noose ready.

[Marc M]

If CA is like FL, then the Broker is the one on the hook for anything that goes on under him/her, and if the action/inaction is 'office-wide policy', then there is no wiggling out for the Broker.

Have your attorney write a letter to the Broker about the policy, reporting them to the RE Board, and a mention of tortious interference (if your attorney thinks it is or potentially is, applicable), I suspect the policy will be changed. Also have your attorney offer 'encouragement that the Broker invites you to their office when they explain their new policy to their agents in your presence', that way 'you will know that the Broker took action on the complaint letter'.

Walk in with your cowboy boots on and ask if anyone wants to be the first to play hangman, you have the noose ready.

Wow, you're waay nicer than me. haha. I had something totally different in mind, but, I mentioned your suggestions to my attorney and he's writing a demand letter tomorrow. We have to wait 30 days I guess. Then the cowboy boots and all that. But, not sure how the noose will go over here in CA... people are already on edge as you can imagine. Oh wait, you live in Fla..
It's amazing that no matter where in the US you are... these people and their MO is the same huh? Money first..

[Robert Barrett]

Im thinking about suing a realtor in small claims for denying me access to a property a client wanted me to inspect. There are about 50 agents that do this so i was thinking about sticking it to one of them.
They claim I do work on homes I inspect...please. I don't even work on my own house.

Truth is, they are used to these other soft baller, rubber stamping , know nothing inspectors that walk blindly through a house in 45 minutes no matter what size it is so they both can cash a check... Idiots... the lot of them

I figure for $30 filing fee it'll at least waste her whole day, much like she did mine. Who knows, maybe set some precedence.

We had that happen once to one of our inspectors. The listing agent got pissed that our inspector did such a good job that the buyers walked. This agent requested that we never send our inspector to one of his properties again. I called this agent's BIC and informed him of what had happened and told the BIC we considered this "steering" which is a violation of NC Real Estate Law and threatened to report the firm and the broker to the NC Real Estate Commission. Needless to say, we have not had any problems with this RE again. Sometimes it has been helpful that I was a licensed Broker in the State for over 12 years.

Brian

[Marc M]

We had that happen once to one of our inspectors. The listing agent got pissed that our inspector did such a good job that the buyers walked. This agent requested that we never send our inspector to one of his properties again. I called this agent's BIC and informed him of what had happened and told the BIC we considered this "steering" which is a violation of NC Real Estate Law and threatened to report the firm and the broker to the NC Real Estate Commission. Needless to say, we have not had any problems with this RE again. Sometimes it has been helpful that I was a licensed Broker in the State for over 12 years.

Brian

Steering huh.... ya we really need that law out here in CA.. this place is nuts.

[John Kogel]

Marc, sounds like you've been black-balled, I imagine a few times. Start up a club, sign up members, have badges made up and wear them with pride.

[Elizabeth Chambers]

I think you have a case and good cause to sue. If the realtors claim you do work on the houses you inspect, they will be forced to prove that claim in court. They cant prove it. So they are now in the position of slandering/defaming your business name. by telling others that you are violating the ethics of your profession, which causes your business losses because of reputation damage.

[Marc M]

Marc, sounds like you've been black-balled, I imagine a few times. Start up a club, sign up members, have badges made up and wear them with pride.

hahaha... yes, totally blacklisted and yes, badge of honor

- - - Updated - - -

I think you have a case and good cause to sue. If the realtors claim you do work on the houses you inspect, they will be forced to prove that claim in court. They cant prove it. So they are now in the position of slandering/defaming your business name. by telling others that you are violating the ethics of your profession, which causes your business losses because of reputation damage.

Yes, its pretty bad. Agents are for the most part, just crappy people who cold care less about the people they claim to protect and more about the money they need to make to support their overextended lifestyles.
My attorney was pretty clear. i can spend 20k to make a point. But will it change anything, probably not.
Cant change stupid.

[Jerry Peck]

My attorney was pretty clear. i can spend 20k to make a point. But will it change anything, probably not.
Cant change stupid.

Is that from the letter he sent out?

I mentioned your suggestions to my attorney and he's writing a demand letter tomorrow. We have to wait 30 days I guess.