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Libel & defamation against me.

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mshanejohnson

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

I am currently living in my sister's house as she has moved out of state. She hired a real estate agent to represent the property and me to make minor repairs, paint and care for the yard & pool until the house is sold.

My sister decided that the agent was not doing her job and when she advised her she wanted to cancel her contract the agent placed the blame, on me, for several of her own failures.

Even though this is my sister, technically, she is also my employer. The things the agent said about me (and implied) were an obvious attempt to defame me. When I contacted her, regarding the statements she made about me, she never replied. Here is a copy of her original email to my sister:

++++++++++++++++++++++++++++++++++++++++++++++++++++

There seem to be two things you are unhappy with in our conversations, the pictures and the lack of showings.

When we spoke about the pictures in July, I understood that you did not like the pictures of the pool because it was cloudy and the picture of the laundry room. Your brother knew I was coming to take pictures and was given time to “straighten up”. At no time would I tell anyone it wasn’t necessary not to clean up and he knew you would see the pictures. I did the best I could to show only the best pictures of your house. The only mistake was a picture (of the messy laundry room) inserted on the web page for your house (and nowhere else) which was placed by my assistant. It has been corrected. I did visit your house a number of times in August and I couldn’t get in because no one answered the door and the dogs were out. If the dogs had been put away or not home I would have had the pictures taken Aug. 11th which is when I opened the lockbox. I have nothing against Michael, but he wasn’t there or didn’t answer the door the times I did come by. You are angry with me for not getting the new pictures taken, but I did try. I agree with you that Michael shouldn’t have to take the pictures, but when I was there the pool was not clean enough so I have used the ones he provided. I did not ask him to take the pictures he volunteered them. I have replaced a few of the pictures as you asked and included pictures of the pool.

Since your home has been listed it has been advertized in the MLS with a fully filled out MLS sheet, been featured on Realtor.com with 20 or more pictures and a virtual tour, listed on Craig’s List a number of times, had an info tube with fliers on the sign (at no time had it been empty when I came by to refill it), it has its own web address and web page, and for quite a while it has been posted at the top of my web page in one of the best 4 positions. You have asked me why there have not been any showings. I can only answer it would have if it was priced closer to what buyers are willing to pay. I do not determine the price a buyer is willing to pay, the market does. Today, I am mailing the current actives, pending and recently sold homes that compare with your home. Included will be the report from Realtor.com.

Please let me know if there is anything else you would like for me to change with the pictures.

Regards,

Jodi (agent's last name removed)

++++++++++++++++++++++++++++++++++++++++++++++++++++++

Here is the response I sent to the agent; she never replied to defend herself:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Jodi,

Until now, I've have chosen to keep my mouth shut and mind my own business. After all, this is my Sister's house; my Sister's business. However, I have read your latest communication with Tori, and feel as if I need to correct a few of your mistakes.

#1. Your brother knew I was coming to take pictures and was given time to “straighten up”.

To clarify, in July you told me you were coming by when the weather cleared up. I waited several weeks for you to show. You never did. When you did finally come by, it was unannounced and no, we were not ready for you. At that time, in July, although we did not have a telephone, we did have internet access, at the house, and you could have sent us an email to make arrangements. You did not.

Additionally, let's remember that day. When you came to take pictures, I met you at the front door and explained to you that things weren't as neat as they should be for pictures. I asked you to start in the back bedrooms and tell us where you like to go next. That would allow us time to move things (i.e. unmatched furniture in the living room) before you took pictures. You said, AND I QUOTE, "No, that won't be necessary". You took the pictures and left.

Furthermore, let's just say, hypothetically that your 'version' of that day is the correct 'version'. As a 'professional' Real Estate Agent, you should have told me that the house was in no condition for pictures and make arrangements to come back later that day or another day. Not only did this not occur, but you took the pictures, anyway, and you published them on-line.

#2. I did visit your house a number of times in August and I couldn’t get in because no one answered the door and the dogs were out.

Again, I remind you that we have had internet access, at the house, since July and I personally gave you my email address. To this day, I have never received any communication, from you, requesting to make arrangements to come by for any reason.

#3. I did not ask him to take the pictures he volunteered them.

No, you did not ask me to take the pictures. I did volunteer to do your job, for you, because I was appalled when I saw the pictures that you did put on-line.

#4. but when I was there the pool was not clean enough

I think you need another reminder about the events that occurred on this day. You came by the day after this area was affected by hurricane Fay. Although we did not experience any serious damage, there were considerable winds. This property is bordered by three mature oaks and a pine tree. There was debris all over the yard, including the pool. When you came by and asked to take pictures I told you that I didn't think that was a good idea because of all of the debris. You actually came by when we were both in the front yard cleaning up. Your response to me was, and again, I quote, "that's o.k. the pool is not caged and leaves are expected". You were actually going to take pictures, anyway. I had no choice but to intervene and refuse to let you take any pictures. As you recall, that is when I gave you the DVD with the pictures I voluntarily, proactively took. Incidentally, that was in August and Tori advises me that you just recently added these pictures, on-line.

Finally, I should remind you that you are the one that stood in my Sister's front yard and said that "you were so busy with all of the short sales you had that you just didn't have the time you would like to devote to this one." I heard it. Ron heard it. Surely you can remember saying it.

I have been in the Customer Service industry all of my working life. I have been a corporate trainer for the Walt Disney Company and Continental Airlines. The most important aspect I learned from both of these companies is to admit when a service failure has been committed, apologize for it and correct it. It would behoove you to learn this lesson. Blaming your inadequacies on someone else is not correcting the problem and very unprofessional.

Finally, you can't deny what I have said in this email is not true. If you can, I implore you to prove it. You can't. Having said that, you can't honestly say that you have done your best to sell my Sister's home, because you haven't.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Regarding issue #2 above -

"#2. I did visit your house a number of times in August and I couldn’t get in because no one answered the door and the dogs were out. "

The agent had an electronic lock box on the front door. This box can and did track every time someone accessed the key to open the front door. The agent actually printed a copy of a report, generated by this box, and sent it to my sister. I clearly shows that she only opened the box ONCE during the month of August.

I am very interested in bringing a libel/defamation case against this agent. I take a great deal of pride in the work I do, especially for my sister. This agent clearly did nothing, productive, to sell my sister's house. The only thing she did do was attempt to blame her own short-comings on me.

I appreciate the opportunity to present this information to you for your review. Thank you very much for your assistance.

Sincerely,
Shane Johnson
 
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mshanejohnson

Junior Member
Financially, there are no actual damages. I want to file suit for punitive damages, only. I'm not looking to get rich from this. However, as I stated before, this has disturbed me, greatly, and I want to make a point. This agent clearly needs to be taught some 'manners'.
 

HomeGuru

Senior Member
Financially, there are no actual damages. I want to file suit for punitive damages, only. I'm not looking to get rich from this. However, as I stated before, this has disturbed me, greatly, and I want to make a point. This agent clearly needs to be taught some 'manners'.
**A: file a written complaint with the agent's principal broker. Then if you need to take it further, file a written complaint with the state regulatory agency that licenses real estate brokers/agents.
 

quincy

Senior Member
Home Guru has the most productive advice for you.

There really isn't a defamation action here that you could pursue against the agent with any real chance of success. Reputational injury must be demonstrated - and your sister does not seem to believe that you were responsible for the mistake with the photos or the lack of showings. And I assume you have not been "fired" and are still in the house.

The house may not be selling for the reasons the realtor mentioned - a messy pool, mismatched furniture, dogs, difficulty showing the home, and a price too high for the current market. With the number of homes on the market, a house must be in pristine condition at all times, to be shown at the whim of the buyer and not the convenience of the seller, or it must be marked extremely low in order to compete. While I don't doubt that the realtor did not market your sister's home adequately, it seems that the house has problems, including the fact that it is occupied and there are dogs to contend with.
 

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