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Help Me Howard is a regular segment on WPIX-TV

House Sale Goes Bankrupt

6:13PM | March 5, 2009 | comments: 2

A woman thought she was hiring a realtor to sell her house, instead he made her file for bankruptcy.

Last April 2008, Yvette Gonzalez's house was going into foreclosure, so she was trying to sell it. She hired Arthur Briscoe, a licensed realtor with Coldwell Banker to do what is called a "short" sale of her home. In June, Mr. Briscoe advised Yvette the best thing for her to do was to file for bankruptcy in order to "buy time" to sell the house.

Briscoe helped draw up the papers from his office for bankruptcy court, a court date was assigned, that's when Yvette went before the judge and discovered Briscoe had advised her to file for bankruptcy, because he would benefit financially from that. A federal magistrate ordered that Arthur Briscoe and Coldwell Banker Cross Island Realtors pay Yvette $2,000.00 for misrepresentation. Briscoe was supposed to pay her the $2,000.00 by November 5th, 2008, but so far he's only paid her back $800.00 He still owes her $1,200.00.

If you are trying to sell a house or are in foreclosure, protect yourself and talk to a lawyer first. Hire him or her to draw up your papers, not the realtor. The lawyer, who you are paying, will have your best interests in mind. A realtor is not a legal expert. If you need help finding a lawyer, contact your state's Bar Association or contact the American Bar Association. Most of them have a lawyer referral service and can point you in the right direction.

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Comments: 2

Posted by monsterman at March 5, 2009 10:14 PM

Who is this idiot realtor that has the audactic to advise someone to file for bankruptcy? The realtor's job is to try to find a way to sell the house and get it off their hands. This realtor makes other realtors look very bad. This agent will most likely lose his license for giving legal advise while he is not an attorney. Well we can't prove it because we don't know if he is an attorney or not. Best bet, get a real estate attorney and ask for their advisement on this matter. It will save you a lot of headache and problems.

Posted by Margie Lapadura at March 8, 2009 3:51 PM

I think I can help, I am real estate diector,instructor and brker associate
I may be able to give u advice regarding free consumer ptotection agency and licrnsing laws rhat may hit this wanna be legal expert idiot right between the eyes real estate violations fines remedies are
Part of my jnowledge and I preach to my students that we are here to serve the people not hit and run
E can help and gladly. It will nor cost money either to persue.

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