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Old 06-02-2005, 12:52 PM
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Join Date: Jun 2005
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Can My Agent Sue Me?


What is the name of your state?What is the name of your state? CA

I listed my 'tenant occupied' home with an agent. I accepted an offer from a buyer who agreed to accept the tenants lease. Half way through escrow the buyer is demanding the tenants phone number. I agreed to give him the # upon close of escrow. He is stating that if he does not get it now, he will cancel escrow. I told my agent that I am bound by privacy laws and will give the tenants # upon close of excrow. My agent is telling me that there are no privacy laws involved and that if I do not give my tenants phone number to the buyer NOW, my agent's broker and the selling agent's broker will sue me for the commission, as the buyer will cancel escrow. My concern is that the buyer wants to contact my tenant to introduce himself as the new landlord and the escrow office has not even heard from his lendor yet. The escrow is scheduled to close on Monday, and now he is asking for an extension to escrow.

If the buyer backs out of escrow because I will not release the tenants phone number before the close of escrow, am I liable for any fees/commission, and can I keep his deposit?
  #2  
Old 06-02-2005, 11:19 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by alkireg
What is the name of your state?What is the name of your state? CA

I listed my 'tenant occupied' home with an agent. I accepted an offer from a buyer who agreed to accept the tenants lease. Half way through escrow the buyer is demanding the tenants phone number. I agreed to give him the # upon close of escrow. He is stating that if he does not get it now, he will cancel escrow. I told my agent that I am bound by privacy laws and will give the tenants # upon close of excrow. My agent is telling me that there are no privacy laws involved and that if I do not give my tenants phone number to the buyer NOW, my agent's broker and the selling agent's broker will sue me for the commission, as the buyer will cancel escrow.


**A: your agent is full of crap.
*******
My concern is that the buyer wants to contact my tenant to introduce himself as the new landlord and the escrow office has not even heard from his lendor yet. The escrow is scheduled to close on Monday, and now he is asking for an extension to escrow.

If the buyer backs out of escrow because I will not release the tenants phone number before the close of escrow, am I liable for any fees/commission, and can I keep his deposit?
**A: if there is a condition in the contract that the Buyer be given the tenant info then you agreed to it.
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