How to File a Complaint Against a Real Estate Agent

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 87% of readers who voted found the article helpful, earning it our reader-approved status.

This article has been viewed 311,713 times.

You have a variety of options for filing a complaint against a real estate agent. Before filing your complaint with any organization, you must compile information and any relevant documentation that supports your complaint. You will also need to prepare a factual description of the incident to include with your documentation. A complaint can be filed with any of several organizations.

Meeting with the Agent’s Broker

• However, if you feel that your agent has deliberately lied or misled you about anything you consider material (e.g., the condition of a piece of property, the willingness of a seller or buyer, or the costs of services), you should pursue a complaint.
• Sometimes what strikes a seller as unprofessional conduct may seem minor to real estate professionals. Discuss your issue with an unbiased third party to gain another perspective. [2] X Research source

• Write out your complaints and all of the details that you remember. Take down the name of any witnesses as well as their telephone numbers.
• Practice explaining your complaint. You want to be precise and clear. Be firm but not angry.

• Other important documents include lease contracts, sales receipts, and communications between you and the agent.

• If possible, you should willingly agree to have the agent at the meeting. Problems can be resolved more quickly if the supervisor or manager has both sides of the story.
• You can also gently correct any errors the agent makes in describing his side of the story.

• Be open to settlement. Accepting less than you want does not mean that you cannot still file a complaint with your state’s licensing board.

Ask to see a supervisor. If you feel the meeting did not go well, ask if there is anyone else you can meet with. In large real estate offices you probably will not meet with the president initially, so there should be someone else to talk to. Ask to move up the chain of command. [3] X Research source

Informing Consumer Protection Agencies

• Click on the name of your county and enter your zip code.
• Click on "Get Consumer Help" at the top of the website, then select "File a Complaint" from the drop-down menu.
• If you do not have access to the Internet, call the BBB headquarters at 1-703-276-0100 to file a complaint over the telephone.

• You will answer preliminary questions such as the category of complaint (vehicle, cell phone, or business product or service) and then whether you are a retired or active service member or a civilian employee of the Department of Defense.
• You can search for the business by name and zip code. Then select the business from the list.
• You will likely be redirected to a city or state BBB to actually file your complaint. At the website you will be asked to state your problem as well as your desired outcome and settlement.
• Do not include personal information such as your Social Security number.

• If you have met with the broker and did not receive the relief you wanted, complaining to the BBB is the next logical step.

Filing a Complaint with a Realtors Association

• If you are unsure whether your agent belongs to a particular association, review paperwork or business cards from your agent to locate a seal or logo that represents any state or national association they may belong to.
• You may also want to call the broker, office manager, or firm to determine if the agent belongs to an association with which you can file a complaint.

• Specific violations include a duty not to deliberately mislead you about market value, as well as a duty to submit offers and counteroffers as quickly as possible. [5] X Research source

File soon. There may be time limits. For example, the National Association of Realtors requires that you file a complaint within 180 days of knowing that a Realtor has committed an unethical act. [6] X Research source

• Attach supporting documentation as well as a signed and dated statement in which you explain the circumstances surrounding the alleged ethics violation.

Consider mediation. Some associations offer alternative dispute resolution such as mediation. In mediation the parties work under the guidance of a mediator toward a solution acceptable to both parties. [7] X Research source

• Gather your documentation and think about any witnesses you can call. You must present evidence that supports your contention. Mere accusation is insufficient.
• If your complaint is rejected, you may appeal to the Board of Directors within 20 days by filling out the appropriate form.

• The agent is presumed innocent. You have the burden of showing by “clear, strong, and convincing evidence” that the agent violated the Code of Ethics. [8] X Research source
• Present your evidence in a crisp, clear, and coherent manner.

Reporting to a Governing Licensing Board

• Perform an Internet search to locate your area's real estate licensing board. For example, if you live in California, use keywords such as "California real estate licensing" to locate the website for the Department of Real Estate in California.

• For increased legibility type the form or print with black ink.
• Forms vary by state, but they typically require filling out your personal information (name and address) as well as the name, address, and business name of the agent.
• Forms also may ask whether a legal action has been started. If so, they will ask for the name of your attorney as well as the attorney’s contact information (address and phone number).
• You must sign the form under penalty of perjury. If you do not feel comfortable doing this, you may want to schedule a meeting with the agent’s supervisor instead of lodging a formal complaint.

• Answer the questions “who, what, where, when, and how.” That is, describe who did what, where it happened, when it happened, and how it happened. Note any promises that were made and the actual language used.
• Include the names of witnesses as well as their contact information.
• Describe events in chronological order for increased clarity. You don’t want to confuse the state board.

• Send only copies of supporting documentation, never the originals, and make sure that they are legible.

• Be sure to keep a copy of the entire complaint, including any attachments. You can refer to this copy to refresh your memory should someone contact you later about your dispute.

• Though procedure may vary by state, in the typical hearing the only two parties are the state and the agent. [10] X Research source You are not a party to the proceedings, though you may be called as a witness.
• If no action is taken, the state board will likely send you a letter to that effect.

Expert Q&A

Understand that not all real estate agents are Realtors. A Realtor is an agent who is a member of the National Association of Realtors (NAR) and formally subscribes to their code of ethics. An agent who is not an NAR member does not (and may not) call him/herself a Realtor.

You Might Also Like

10 Ways to Learn if Anyone Died at Your Home

Where Can You Find Private Landlords?

How to Cancel a Timeshare: All Your Questions Answered

When to Walk Away After a Home Inspection

1. ↑http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf
2. ↑https://www.newsday.com/classifieds/real-estate/filing-a-complaint-against-a-real-estate-agent-c32426
3. ↑https://www.newsday.com/classifieds/real-estate/filing-a-complaint-against-a-real-estate-agent-c32426
4. ↑http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf
5. ↑http://www.realtor.org/sites/default/files/policies/2015/2015-Code-of-Ethics.pdf
6. ↑http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf
7. ↑http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf
8. ↑http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf
9. ↑http://www.llr.state.sc.us/AboutUs/MediaCenter/pidocs/ComplaintProcess.pdf

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 311,713 times.

To file a complaint against a real estate agent, start by writing down details of the agent’s incompetence to help you make your argument. You should also gather any evidence, such as emails, contracts, and sales receipts, that might support your claim. Once you’re ready to present your case, contact your real estate agent’s broker and ask to meet them. When you sit down with them, present your complaint and any supporting evidence. You can also offer a resolution to your complaint. For example, if your agent failed to disclose a defect in your house, ask for an offsetting reduction in agency fees. If you’re unhappy with the broker’s outcome, ask to speak to their superior. For more tips from our Legal co-author, including how to report a real estate agent to a realtor’s association or a governing license board, read on!

• Print
• Send fan mail to authors

Reader Success Stories

"This article is by far the best information I have come across. It explains the steps to take, in order. I felt much more empowered after reading this article, as it provides a structure of how to go about the process. I highly recommend this as it helped me more than checking out all the other articles and websites and trying to piece things together." . " more

Did this article help you?

"This article is by far the best information I have come across. It explains the steps to take, in order. I felt much more empowered after reading this article, as it provides a structure of how to go about the process. I highly recommend this as it helped me more than checking out all the other articles and websites and trying to piece things together." . " more

"I'm getting ready to take my real estate salesperson's state exam and had questions about how the Dept and Board would handle complaints. This article helped solidify the process. I was also curious about what types of situations would lead to complaints." . " more

"Your article is an extremely important instrument. Most of us will only need a realtor a couple of times during our lifespan. We need to inform other potential buyers/sellers of problems. The article is comprehensive and unbiased. Good job." . " more

"Finding out whether she was a real realtor or not was a surprise to me. I didn't know there was such a difference. I had never even heard of a dual representation, and I wondered how she could be fair to either one of us. I was right." . " more

"I never considered any other option than an attorney, so I am pleased to see so many options. Thank you."