You have a showing and are excited to hear about the feedback, but you find out the buyers’ realtor had been making disparaging statements about you in your own home. This is what happened during a showing when the buy-side realtor slandered the homeowner, not realizing there was a video camera in the kitchen.

The Claim

The plaintiff claims that the buyer’s agent made bigoted comments about her religion, her purported financial condition, and about the property, all in a concerted effort to convince the prospective buyers to pursue other properties. The plaintiff claims that these untrue and hurtful statements were intended to damage her character and reputation and the prestige of the property. The plaintiff claims that the agent’s conduct represents professional ethical violations that did not act in the best interest of the clients and prejudiced the sale.

What Went Wrong

The buy-side real estate agent was overheard talking negatively about the house they were showing, which raised concerns from potential buyers. The homeowner/ plaintiff argued that the agent’s negative comments contributed to a lack of interest in the property, leading to financial losses.

Real estate agents are expected to adhere to a code of ethics, to maintain professionalism, and provide accurate information to both sellers and buyers. Negative comments about a property reflect poorly on their professionalism and violate ethical standards. Realtors owe their clients a fiduciary duty, which means they are legally obligated to act in their clients’ best interests but there are more professional ways to address concerns about a property than making disparaging remarks.

It is also important to mention that the recording of conversations and interactions, especially without the consent of all parties involved, could raise privacy concerns. Laws related to recording conversations vary by jurisdiction, and it is important to understand the legal implications of recording conversations in your area.

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