Attack of the 'pushy' agent

DEAR BERNICE: I just listed my condominium for sale. An agent who lives in my building knocked on my door and yelled at me for not listing with her, saying she knows the building better than anyone else. She also claimed that my listing agent has so many listings that he will have no time for me now that the contract is signed.

So far, we have had only two showings in the last week. I'm beginning to wonder if the agent in my building is right.

On the other hand, she is so pushy I can't imagine having to go through a transaction with her. She actually tried to push her way into my home even though I was standing in the doorway blocking her. I signed a six-month listing. Should I just wait and see what happens? --Paula W.

DEAR PAULA: First, the agent who lives in your building is completely out of line. In fact, not only has she violated the Realtor Code of Ethics, she could be subject to disciplinary action from her local board of Realtors as well as the potential loss of her license. The Realtor Code of Ethics prohibits agents from soliciting properties listed with another agent during the listing period. Furthermore, her behavior may meet the standard for "tortious interference."

Tortious interference occurs in a real estate transaction when a person other than the seller or the listing agent attempts to interfere with an existing contract between these two parties. According to Wikipedia, "The hardcore instance of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract."

Even though this woman is a neighbor, if she behaved this way with you, there's a high probability that she has acted this way with others as well. The first step is to completely document what happened and when. Send a copy of your letter to her supervising broker outlining the events.

Depending on how strongly you feel about this, you could also file a formal complaint with her local board of Realtors as well as your state real estate commission. The challenge of course, is that unless someone else witnessed the conversation and her actions, you're in a "she-said, he-said" situation. ...CONTINUED

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