Q: How do I file a complaint against my listing agent in Bend, Ore.? We sold our home three months ago and a neighbor who works in real estate just told us he submitted a second, higher offer for his client to our agent a couple of days before we accepted our agent's buyer's offer. Our agent never mentioned it to us. We only learned about it by accident. The other offer was $8,000 higher, but what can we do?
A: Oregon gives you a real path here, but the details matter more than the outrage.
Start with the Oregon Real Estate Agency, which licenses agents and takes complaints. Write the summary in your own words, since the Agency says complaints that look AI-generated may be rejected. Expect it to take months.
With decades as an operator, I know this complaint is real, as agents in my offices had it. Oregon law anticipates it.
A seller's agent must present all written offers promptly, even when the property is already under contract and that duty runs to the seller, other principals and the principals' agents. The word that matters is written. Oregon's three general duties apply whichever side an agent represents: Deal honestly and in good faith, present written offers and disclose material facts the agent knows. Hold your agent's conduct up against those three.
So verify before you file, because right now the story is secondhand. Ask your neighbor, politely and in writing, two things: was the offer in writing and on what date and time was it delivered to your agent?
Next, look at your own paperwork. Oregon allows one agent to represent both sides only as a disclosed limited agent. Did you sign a disclosed limited agency agreement? If your agent brought the buyer, your answer matters a great deal. If two agents at the same firm handled the sides, Oregon's rule makes the principal broker the limited agent, so find out who that was.
Then ask your agent and the supervising principal broker, in writing, for the record of every written offer received, with the date and time each was delivered and your response, plus a complete copy of your transaction file. Your listing agreement should name that principal broker and give a phone number, so start there. Oregon's administrative rules require agents to keep that record. A missing one can speak louder than an explanation.
Gather your closing documents, texts and emails now and write down dates while memories are fresh.
Compare the offers honestly. An $8,000 higher price can carry a financing contingency, a longer closing or an inspection demand that erodes the advantage.
Now the hard truth. The Agency cannot recover money for you. Its power is over the license. If you lost money, that runs through negotiation, mediation or a civil claim. Litigating over $8,000 can cost more than it recovers, so consider mediation. Ask about deadlines and act soon. Here is a link to a directory of mediators. I have never used this service and have no financial arrangement with it; this is not an endorsement. DIY search by typing "national mediation services" in your search bar.
File the complaint if the records confirm a problem. Either way, you will know where you stand.
Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com and PropBox, Inc. He provides consumers with options to real estate issues. Follow him on Twitter (X) @montgomRM or DearMonty.com.
Photo credit: Everett McIntire at Unsplash
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