Agent Trespasses | Has Sex on Residents Bed | Lies | Loses License
Whew...I knew that this could happen... but this is the first time that I have read about an encounter like this.
Many of us in the business or Real Estate often write posts about some of the wild, wacky and wonderful things that we experience in real estate. We often say ... we just can't make this shit stuff up.
I wrote this post last night with intentions to post today. Before posting I read Mimi Foster post about a person taking advantage of a homeowner. You can read about beating Mr. Diabolical here.
For the longest time I believed this kind of crap stuff only happens in real estate. That is just not true. I believed that because I am in real estate and I see and hear the stuff that takes place.
This is a human condition issue. Not a real estate issue. This story happens to involve a local real estate broker agent who was licensed for over 40 years!!! What perfect timing to address the human condition and how this kind of crap is virtually happening in all industries with all kinds of people. Richie Alan Naggar's post this morning is a perfect example of bad behavior, not telling the truth, and how exceptions are made for a select few. You can read his post here.
The following is a brief summary of the Bureau of Real Estate Decision to REVOKE the Accused's Real Estate License. In order to protect the Guilty the name used shall be Mr. X which is not the real name of Broker.
The Cost Of Trespass and Lies
- Mr. X was convicted of a crime bearing substantial relationship to the duties and functions of a real estate sales person, and failed to notify the Bureau about the conviction within thirty days.
- While Mr. X was in a coffee shop browsing new real estate listings, a woman he had never met before (and has never seen since) struck up a conversation with him. She proposed a sexual encounter.
- Using the MLS, Mr. X identified a nearby condo for sale that he believed was vacant and staged for sale. He used his lockbox to let himself, and the woman stranger, into the condo.
- The residents of the condo returned home from a morning shopping trip and found Mr. X and the woman engaged in sexual intercourse on the residents' bed.
- Mr. X promptly told the residents he was a real estate agent.
- Residents called the police; woman got dressed and left; police arrived; police interviewed Mr. X and released him on his promise to appear in court on a later date.
- The court sentenced Mr. X to 18 months' summary probation on the condition that he stay away from the condo where he had trespassed. He was also ordered to pay a fine.
- Mr. X failed to report this to the Bureau of Real Estate within 30 days after it occurred. He first disclosed it to the Bureau when he applied to renew his license.
- Mr. X was asked to complete a statement explaining the events that led to the conviction. In fact, he was asked to give "a complete description of the facts and circumstances that led to his conviction."
- Mr. X's response was: "I entered a home via Lock box believing it was listed and unoccupied. The owners returned while I was there. The was no damage suffered by the owners."
- Mr. X was interviewed in person by a Bureau of Real Estate investigator whom he told he brought the woman to the condo as a potential buyer and the showing turned into a sexual episode only after they arrived.
- Mr. X testified at the hearing that the above version was false and that the true story was what he told the police.
- Mr. X further testified that he lied because he was embarrassed to tell the truth.
- Mr. X had been a real estate broker for more than 40 years. This was the first disciplinary action regarding his broker's license.
- His conviction resulted from a "grave abuse of the trust placed in him by the local real estate community. He violated his fiduciary duty to place the needs of principals to a real estate transaction ahead of his own needs."
All of Mr. X's licensing rights were revoked and he has to reimburse the Bureau for the reasonable costs of the investigation and prosecution costs within 30 days of the final decision on the matter.
This is among the many reasons why I ALWAYS the check license status of the agents I am working with. I want to know who I am dealing with. Disciplinary actions against a real estate agent, I believe, speaks to the agents character.
Who knows, maybe I will do a weekly post, like Nicole Doty - Gilbert Real Estate Expert's weekly post, Animals on the MLS. Hum ... I won't even need to change the name. You may be surprised to learn how many agents are waiting for the system to catch up to them and revoke their license. I say, good riddance.
Need to sell a San Jose Home? Do your homework on the real estate agent before you hire them. Or, you can call me 1-408-972-1822. There are good people in the world who do good things! Don't just believe me. Read what my clients say about me.
Kathleen Daniels, Managing Broker-Owner of KD Realty, serving San Jose and Silicon Valley. Kathleen specializes in Probate Real Estate.
BRE# 01366594
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