Real Estate Agent Lies About Employment Opportunity
Ask the Real Estate Lawyer: Real Estate Law Q&A
REM #LAW 662
By Ilyce R. Glink and Samuel J. Tamkin
Summary: The reader and her husband have purchased
a new home based on the real estate agent's assurance that they had found the
husband a new job. Sam and Ilyce are concerned that the buyer was scammed because
the job did not come through. They suggest never being pressured into making
a large financial commitment.
Q: My husband lives in one state and I live in another. We want to live together
and a real estate agent promised to help find my husband a job where I live.
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We were rushed into buying a home because the agent said the job promised to
my husband would not wait.
The day after we signed the final papers and purchased the home, my husband
called the job and was told there was no job for him. The agent and the mortgage
lady who works with him won’t return any of our calls and we have no idea
when the sellers of our house will move out of the house we purchased.
We can’t get answers to any of our questions and we are getting deeper
in debt. What can we do?
A: Your real estate agent is in the business of buying and selling real estate
and should never have promised to help your husband find a job. You may wish
to file a complaint with the agency that regulates real estate brokers in the
state in which you are located.
You may also consider filing a complaint with the local Realtor board, if your
agent is a member. There is also a National Association of Realtors, based in
Chicago, Illinois, and you can file a complaint there as well.
Finally, you should review the loan documents that you signed at the closing.
If the mortgage broker listed your husband’s employment with this new
company, the mortgage broker might have been in on the arrangement and you may
wish to investigate this aspect further.
To get the loan approved, the loan officer must have had to verify your husband’s
employment. If the verification of employment was with the prospective employer,
the mortgage broker was either innocently involved or the employer is involved
in a situation where they put false information into a mortgage application.
This would be considered mortgage fraud, and the authorities don’t look
too kindly on mortgage lenders, loan officers and real estate agents who put
fake data onto loan applications.
If there was a scheme involved, it could have involved the real estate agent,
the lender and the prospective employer. If it was a scheme, then you need to
contact the proper authorities to make sure other people are not affected in
the way you were. You should also contact an attorney to assist you in helping
you get out of the mess that you appear to be in.
A word of caution for next time: If you or your husband are ever “promised”
a job and are pushed into making a huge financial purchase based on this promise,
check out the situation ahead of time. You could have easily called the job
to see what it was and what had been promised before you closed on the home,
and saved yourself a lot of heartache and hassle.
Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce
R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your
Home Faster and For More Money In Any Market. If you have questions for
them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022
or contact them through Ilyce’s website www.thinkglink.com