QUESTION
My real estate agent moved in to my house without my consent?
Asked on Nov 18th, 2015 on Residential Real Estate - California
More details to this question:
My prior renter who rented my house for 3 months gave me his notice to vacate in July but soon after I hired him to sell my house because he was a real estate agent. My house was listed in July. During this period since July, I just learned that he moved his family back to my house without letting me know. I'm not sure when he moved in but based on my utility bills he may have vacated in Aug and moved back in Sept. Pending sale is via loan transfer. He just disclosed that he worked out a deal to rent the house from the potential buyer until next summer. The transfer of loan is not yet complete and the buyer is not the owner yet but my agent is making deals with the potential buyer!! After my agent told me he is living inside my house, I asked him to pay for November rent and prior utility bills since April. He objected to both until next month when he gets commission from the sale of the house. How can I kick him out of the house and cancel my agreement with him as my agent?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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Your real estate agent owes fiduciary duties to you to act in your best interest and not to make a secret profit from you. By moving back into your home, the agent is making a secret profit by not paying your rent. Furthermore, by moving back into the property your agent is acting in his own best interest, not yours, in breach of his fiduciary duties to you. You can give a 30 or 60 day notice to the agent and a demand letter to terminate the listing agreement for breach of fiduciary duty and for the lost rent that he should have paid you. If he doesn't move, file an unlawful detainer action.
Answered on Nov 20th, 2015 at 8:25 AM