I have a question for some of the expersts here. My friend, whos file i am workin on, went through a real estate agent, and a mortgage broker. He wrot 2 checks to the broker, and his wife took funds out of the bank without him knowing, causing his checks to bounce. the mortgage broker told the RE agent about how the checks bounced. He does not think that was the real estate agents businees, and he wants to sue the broker. does he stand a chance on that. i am not sure. seems to me that would almost be privileged information. shawn
I don't know if he has a whole lot of ground to stand on. He did bounce the checks. Unlike lawyers and accountants, there is no confidentality agreement between brokers, realtors, and the consumer. Was the check for the downpayment of the home? The realtor may have needed to know since they are the ones that usually hold the money in escrow. If it was for a credit report or an appraisal it really was none of the realtor's business. I would probably chide the broker on his/her lack of tact, but legal ground I don't think there is enough to cause punitive damages or emotional stress. Dani
not that this will help, but if I'd done that, I would expect my DH to give me a thorough butt kickin.' (verbally of course... I am not an advocate of domestic violence)
he said it was for a credit report and an appraisal. I personally think it is wrong, and really no ones business but his and the broker.
Personally, it is wrong and tactless for the broker to say anything to the realtor, but what he did is a federal offense. What he is going to base his claim on? Be happy they are not prosecuting him for writing them bad checks. If possible, I probably would consider a new broker, though. Dani
since when is a bouncend check a Fed.offence? You have to have intent to bring charges.It's clear there was no intent.
