Q: How do I file a complaint against my listing agent in Bend, Oregon? We sold our home 3 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 $8k 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.
Here is what I know from decades as an operator. Agents in my offices brought me this complaint when they believed their buyer’s offer was sidelined. I cannot tell you how often it happens, and I will not call it common or rare. But the complaint is real, and Oregon law anticipates it.
A seller’s agent must present all written offers in a timely manner, 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, and note that many attorneys offer free consultations. Ask about deadlines and act soon.
File the complaint if the records confirm a problem. Either way, you will know where you stand.
