Question (CA): Last year I sold my House with separate studio in Santa Barbara, California. The house had high equity with no liens or debts.

Working with a real estate broker and his sole agent, and based on prevailing sales prices in the general neighborhood, I set the asking price at $849,500 [$150 too low as it turned out] for negotiating room and with a rock-bottom of $779,500 if the house had not sold after more than 90 days. Those were the terms even though the market was still rising with an acute supply-shortage and I was in no hurry to sell.

However, the agent -- backed by the broker's own persistent claims, which had no basis in fact ["fast rising percentage rates" and alleged housing over-supply in the Santa Barbara area] urgently and consistently tried to persuade me to lower my asking price to the upper $700K's "for a prompt sale."

When I refused to do so they convinced me to spend approximately $40,000 in material and labor for minor repairs and some cosmetics. For example, we painted inside and out, installed new carpeting for house and studio, and made several other substantial upgrades to enhance what had already been done in the past: addition of a spa, new roof, major electrical upgrade to 220 V, a separate fully finished workshop / outbuilding, a covered and well-planted patio, fountain and landscaping, new sewer line, glassed potting shed. This was done in order to realize the initial asking price and possibly raise the bid for this property.

The agent's husband took extensive property photos in color to be included in a state-wide Real Estate Magazine offering homes for sale. No galley proofs or other information regarding the proposed ad was submitted for my approval prior to publication. When I finally did obtain a copy of the magazine from a grocery store rack, I found to my shock that the asking price had been reduced to $779,000 by the agent without my knowledge and consent.

I lodged a strong protest, but was told that the ad could not be withdrawn or the price adjusted to the appropriate level, without incurring a sales delay of at least six months or more, and long after the listing contract had expired -- which the broker would not permit in view of the "substantial listing expenses" allegedly incurred on my behalf.

Though very ill with pneumonia, I was present during the first -- and only -- Open House [the agent was late] when the property was sold in less than an hour on the market, within five minutes of the 2nd visitor's arrival who had brought her 3-year old son "in search of a good home for him." My flat, "No" to her initial $730K offer the following day, was countered with one for the full price a few hours later.

According to my Broker via his assistant / agent, I was legally obligated to accept the offer.

To my great surprise, the buyer was another real estate agent whose supervising broker was now listed on the final sale-documents not as the Buyers, but as the SELLERS agent, though I had never heard of him before, let alone authorized him to represent me. Within 3 weeks of escrow close, a re-paved driveway and a re-located spa, the house was back on the market for $1.3 million! Apparently the buyer never occupied the premises. It was 'flipped' -- and I had been "had" by my Broker on what appears to be a pre-arranged "insider deal" to the tune of $100K in price and costs without counting the real estate commission of 6 percent and other closing expenses.

Apart from being totally unethical, was this broker's conduct legal or deliberate and premeditated fraud? If so, what can I do about it or to whom do I complain to stop this sort of thing from happening to other seniors with no legal representation who are ill and/or disabled?

Answer: From the statements contained in your email, it certainly appears that the real estate agents failed to act in your best interests as a seller. If your allegations are true, they are inconsistent with the requirements of the California Real Estate Law contained in the Business and Professions Code Sections 10000 through 11288.

There are two ways that you can prevent this type of thing from happening to others. The first method would be to hire an attorney, successful in litigating this type of real estate -- related case. You can discuss an attorney's fees, competencies, and experience as part of the interview to make an informed decision regarding employment. We suggest interviewing at least three attorneys, or as many as it takes to find one with whom you are satisfied. You, of course, want to recover your damages, court costs, plus any other remedies available to you under California law.

One of the questions an attorney may ask you is, "Did you interview more than one broker and get a better feel of the market before you listed with this broker? Why did you list with him in the first place?"

The other method (which your attorney, should you hire one, may suggest be done) is to file a consumer complaint with the California Department of Real Estate .

While on the main site of the Department of Real Estate , we also suggest you access the Consumers information page, and specifically become familiar with the "Recovery Account Information and Forms" section, plus the "Consumer Protection and Reference Materials" sections.

Question (NC): How can I trust this broker? First, I found a house in foreclosure. Next, I called to ask the broker if she will represent my wife and me. Three days later she called me and said, "Oh! The house sold today."

I think that she sold it to someone else because I told her that I liked the location and the house price was $87,000. She knew that the house would be sold for around $104,000.

I'm very sad about it. We liked that house.

Answer: We are sorry that you were not able to purchase the home that you liked so much. However, based solely upon the information you have provided us, there is no way we can answer your question(s). But, please consider the following:

1. Why did you call that particular broker?

2. Was that broker the listing broker for the subject home, or did someone recommend the broker to you?

3. You stated that you called the broker seeking representation, but you never indicated if the broker entered into a representation agreement with you.

The process following a foreclosure can be confusing for a prospective purchaser who is not familiar with it and who is not represented by a real estate licensee who is. Sometimes, it may appear that the licensee did not treat the purchaser fairly, but that is a long way from establishing the same fact.

Question (OR): I would like some help with relocation information. My wife and I are planning to move to the Dallas area and I would like your input into some of the towns. I am looking for the best of both worlds: Low taxes and low crime. We would like to stay within an hour drive of Dallas. We plan to spend about 250-350k. Could you please list the towns you feel would be the nicest and the safest?

Answer: The most reliable method of obtaining the information you are requesting is to contact Realtors operating in the Dallas/Ft. Worth metroplex. One way to do this is to access RealtyTimes.com and then select "Local Market Conditions" at the second tab across the top.

You should interview agents who are active in each market in which you are interested, and with whom you develop a trusted relationship.

Question (TX): How do a husband and wife hold title to property in Texas?

Answer: Texas is a Community Property State, as is Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Washington and Wisconsin (the Wisconsin Marital Property Act defined Wisconsin as a Community Property State but individual circumstances dictate how that Act is interpreted).

Basically, Texas regards any property purchased during a marriage as community property. Both husband and wife have an equal right to possess the property during their marriage. Neither holder of community property may sell the entire property without the consent of the other.

There are numerous other legal considerations to holding title as community property. The very best advice we can give you is to hire a lawyer if you have a concern regarding community property.