Several years ago; there was a poll of professions that Americans most trusted. At the bottom of the list was car sales and right above it was real estate brokers. The perception here is that real estate brokers are thieves, pathological liars, and only work for themselves and not for the consumer! Last year, that same poll came out and car sales were still listed near the bottom, but real estate was number 11 on the list of 25. The real estate industry has raised the trust level considerably of the American people. I believe this trust level was accomplished due to the fact that real estate brokers are more closely monitored by the Real Estate Commission and to some extent; each other. The Code of Ethics from the National Association of Real Estate Brokers is more familiar with real estate brokers due to the mandatory training every year. In other words, real estate brokers are watched! Car salespersons on the other hand are not.
This begs to question that when a real estate broker sees another real estate broker doing something that is unethical or downright illegal, what action should be taken? Does the real estate broker overlook it, does the real estate broker report it, or does the real estate broker just feel that this is something that happens all the time in the real estate industry so why fight it? A real estate broker’s reaction should be to report something a real estate broker sees as unethical or illegal to the Real Estate Commission. In order for real estate brokers to rise in the numbers of those professions that Americans trust, real estate brokers need to get the bad apples out and keep the crème of the crop. The next time a real estate broker sees another real estate broker act inappropriately, that real estate broker should stand up and take whatever action that might be necessary, and report the inappropriate act to the Real Estate Commission.
As stated, if a real estate broker does not report a wrong done by another real estate broker it will reflect poorly on the entire real estate industry.
The real estate professional community is just like any other community. They have thieves, liars, frauds, and real estate brokers that engage a consumer in a pissing contest just because they can; even though there is nothing to gain but the satisfaction that they have won a pissing contest. That is bad business, not only for the perpetrator of that act, but also for the real estate industry as a whole. That one bad real estate broker makes the entire real estate industry look bad.
Fraud is the intentional use of deceit, a trick or some dishonest means to deprive another of his or her or its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. It includes failing to point out a known mistake in a contract. There is a known mistake in a contract that was never pointed out to me by my broker. It also includes failing to not reveal a fact which she has a duty to communicate, such as not delivering promised amenities. The amenities of a tanning bed and garages were not delivered to me as promised. Constructive fraud can be proved by a showing of breach of legal duty without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit.
Regarding the Afton Ridge apartments in Concord, NC. It appears as though management and or other personnel of the apartments did willfully and intentionally alter our lease contract by extending the end date of the contract by one month without our knowledge and approval. It appears as though management and or other personnel photographed themselves as they vandalized the carpet in the apartment that we rented and vacated at the apartments.