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 Leasing Agent responsibilities regarding release of information

Created by:
Robert Ameeti, Licensed Real Estate Agent,  Coto de Caza,  CA

Date: November 25, 2008, Number of Replies: 1


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 Is a leasing agent responsible to release or retain information regarding the names, addresses, etc. of the owners of the property?

I have a previous lessee that has not been returned his security deposit and needs to file a small claims court action against the owner. It seems like I have not been given permission to release this information by the owner yet if I do not, the lessee will likely sue me instead.

Which is correct? Release or retain information? Future business with this property owner is at stake.

Editor's Note
In answering your question, a local real estate attorney would want to examine 1) your agreement as the leasing agent with the owner, and 2)  the state Landlord Tenant Code.....especially if the owner directs you not to disclose.John
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Robert King Licensed Real Estate Broker,  Saint Petersburg,  FL

Date: November 26, 2008

Robert Ameeti seems to have a problem with his fiduciary duty to his client and customer

Is a leasing agent responsible to release or retain information regarding the names, addresses, etc. of the owners of the property? I have a previous lessee that has not been returned his security deposit and needs to file a small claims court action against the owner. It seems like I have not been given permission to release this information by the owner yet if I do not, the lessee will likely sue me instead. Which is correct? Release or retain information? Future business with this property owner is at stake.

It depends on who your fiduciary responsibilities are with.  Is it with the Owner or is with the Tenant?  If the Owner has not allowed you to release the information and you have a fiduciary responsibility to your principle (the owner) then you can't release the information.  However, after saying that I would advise you to contact your State Bar Association and see if there is someone there who can assist you because if I were the Tenant I would be coming after you for not complying with your agency relationship with the tenant!  You got yourself in a ringer, because it's obvious you are withholding infromation that effects the tenant's deposit.  How could you have been so stupid as to allow this to happen?  Are you not licensed to protect the public?  How can you call yourself a licensee and at the same time defraud your customer the tenant.  Agency Relationship is the grounds the tenant will use against you!  And with todays attitudes running crazy, trust me HE WILL!  You got yourself in a Catch 22.  Damed if you do and damed if you don't.  I'd first go talk to the owner and see if they would be reasonable with the security deposit.  If not call the BAR.  This could get real nasty my friend.  And I'm not even an Attorney, so don't take my word for it.  That's my disclaimer and I'm sticking to it! 

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