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Can I sue the CBI for wasting over a month I could be working?

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heymatt86

Junior Member
What is the name of your state (only U.S. law)? CO

I am getting my real estate license and all of the requirements are filled except that I need to get my background check back from the CBI. I sent in my fingerprints in the beginning December expecting it to take 3 months like the instructions say. On February 19th I contacted them by email and by Phone for an ETA and they said it would be 5-6 weeks. On April 10th I sent an e-mail and called them and they contacted me saying they would be ANOTHER 4-5 weeks. I made plans for starting my real estate career now and I can't get my license until I get my background check back. Can I sue for specific performance/damages for losing over a month of my time when I COULD be working?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? CO

I am getting my real estate license and all of the requirements are filled except that I need to get my background check back from the CBI. I sent in my fingerprints in the beginning December expecting it to take 3 months like the instructions say. On February 19th I contacted them by email and by Phone for an ETA and they said it would be 5-6 weeks. On April 10th I sent an e-mail and called them and they contacted me saying they would be ANOTHER 4-5 weeks. I made plans for starting my real estate career now and I can't get my license until I get my background check back. Can I sue for specific performance/damages for losing over a month of my time when I COULD be working?
With your sense of humor, I'm sure you'll be a great success in a people-related business such as real estate.
 

cbg

I'm a Northern Girl
And exactly what are your specific damages? Emphasis on the word, specific.
 

heymatt86

Junior Member
With your sense of humor, I'm sure you'll be a great success in a people-related business such as real estate.
Thanks, that is if I can ever get my license.

And exactly what are your specific damages? Emphasis on the word, specific.
My specific damages are a loss of over a months time in pursuing my career in real estate. I want to sue either for specific performance for them to release my background check. They are updating they're system and that's the reason for the delay. If they were motivated by a law suit I'm sure they could get it done through another agency which has the equipment set up.

If for some reason they are unable to get my background check through in a timely manner I want damages for the time I could have been working as a real estate agent. When circumstance causes me to be late for something the government wants me to do I am obligated to pay fines, fees, and censure. I just want to be able to hold the government accountable to the same.

No. For many reasons I don't really want to write. Just, no.
Thanks for offering of value tranquility, you're certainly living up to your handle.
 

You Are Guilty

Senior Member
How much are you willing to spend on this? I would probably ask for at least a $5k retainer with the understanding that you are likely looking at at least 4x that amount before all is said and done.
 

TheGeekess

Keeper of the Kraken
Thanks, that is if I can ever get my license.



My specific damages are a loss of over a months time in pursuing my career in real estate. I want to sue either for specific performance for them to release my background check. They are updating they're system and that's the reason for the delay. If they were motivated by a law suit I'm sure they could get it done through another agency which has the equipment set up.

If for some reason they are unable to get my background check through in a timely manner I want damages for the time I could have been working as a real estate agent. When circumstance causes me to be late for something the government wants me to do I am obligated to pay fines, fees, and censure. I just want to be able to hold the government accountable to the same.



Thanks for offering of value tranquility, you're certainly living up to your handle.
And what do you imagine those damages to be? Real Estate is feast or famine. You might sell 2 houses this month and none the next. :cool:
 

cbg

I'm a Northern Girl
Okay.

EXACTLY how many houses would you have sold in that month? What EXACTLY would you have earned in commissions?

THOSE would be specific damages. So far all you have are speculative damages.
 

tranquility

Senior Member
How much are you willing to spend on this? I would probably ask for at least a $5k retainer with the understanding that you are likely looking at at least 4x that amount before all is said and done.
YAG, did you join up with Deway, Cheatem & Howe? Even with a ton of money to spend, this is going to be a dog. Let's see:
1. We have no idea of what the hold up is. Perhaps there is something in the background that needs to be checked further or maybe someone has not returned the questionnaire sent out.
2. CBI is a governmental body. It's good to be king.
3. Let's pretend CBI intentionally screwed the OP just because they didn't like him and pretend we can get around governmental immunity and pretend there was no actual reason beyond their control, the OP is asking for damages of a couple of months for a new business. What is a new businesses track record? What are the OP's provable damages? I'd think that, at a minimum, he'd have to have someone testify they could have put a home on the market and they would have used him to sell it if he were available, and someone did actually sell it so that person can't use the OP on that home in the future and then the OP proves that he could have sold it as well as the more experienced person who did sell it; THEN he might be able to prove some damages.

Oh, and yea:
Can I sue for specific performance
I don't think the OP will get a writ of mandamus over the licensing board because they are waiting for a separate governmental agency to give them a report. Just saying.
 

CSO286

Senior Member
And it's not as if the government agencies are known for swift and speedy service. We waited for 16 weeks for a CBI adoption study that "should have" arrive in 6 weeks.


Should I sue because it delayed our hearing another almost three months and meant that LittleCSO has to wait even longer to have a Dad?????


:rolleyes::rolleyes::rolleyes:
 
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You Are Guilty

Senior Member
YAG, did you join up with Deway, Cheatem & Howe? Even with a ton of money to spend, this is going to be a dog.
Where did I suggest that OP would ever be successful? When all is "said and done", I would expect my bank account to reflect a +$5k balance. That's the only outcome that's actually likely.

An admittedly roundabout way to make a point, but hopefully it got through.
 

tranquility

Senior Member
Where did I suggest that OP would ever be successful? When all is "said and done", I would expect my bank account to reflect a +$5k balance. That's the only outcome that's actually likely.

An admittedly roundabout way to make a point, but hopefully it got through.
http://www.youtube.com/watch?v=YKUOB8MN4Kc
 

Silverplum

Senior Member
And it's not as if the government agencies are known for swift and speedy service. We waited for 16 weeks for a CBI adoption study that "should have" arrive in 6 weeks.
Also, it's not as if the govt agencies are fully staffed and running all 5 business days per week. There have been regular furloughs and positions not refilled after vacancies.

But Young Realtor doesn't read the news, I suppose. ;) And has (unrealistically) high expectations of the very beginning of his/her career.
 

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