A REALTOR® Most Foul - But is it a Real Estate Ethics Violation?

From Larry Lowenthal

What this Expert Real Estate Witness Says About Fouling the Townhome

The homeowner's problem:
I got to know a Realtor (broker and certified appraiser) when he helped my daughter purchase her townhome, and he did a fine job.

Several months later he called asking if I knew of a place he could rent a room, because of serious marital problem. Obviously, he knew that I had extra bedrooms in my condo.

He wasn’t here for long, though. He lived here for 10 days and paid $20 a day rent for those days, but then he stopped paying me. So I asked him to vacate.

After removing his possessions and returning my key, he asked to use the bathroom before leaving. He then stuffed the toilet with a roll of paper, defecated, flushed, and left immediately. The resulting overflow quietly fouled the wall to wall carpet in that bedroom.

Obviously I quickly discovered the awful mess and cleaned it up with the help of a company that helps with water-damaged carpet.

Fouling Response:
You experienced bad luck with a poor boarder.

However, his conduct is not the type that is addressed by the Realtors’ Code of Ethics. The Code does not cover a Realtor’s conduct when it does not involve the real estate business or real estate transactions.

If I were in your shoes, which I hope have dried out by now, I would seriously consider filing both a police report (vandalism) and a small claim for damages. Imagine him explaining his behavior in open court!

The Author: Larry Lowenthal is a Florida REALTOR® with extensive experience in ethics hearings and resolutions. He provides expert witness testimony in cases involving real estate ethics questions. More about Larry Lowenthal.