In Sverdlovsk Oblast, a realtor sold a client's apartment and took the money for herself.
The realtor must return to the client part of the funds obtained from the sale of an apartment. The press service of the courts of the Sverdlovsk Region reported on a decision according to which the realtor must pay the client the money misappropriated after the sale of her apartment.
In September 2023, Sukhoy Log resident Olga contacted a real estate agency to sell her apartment. An agency employee warned that it would not be possible to sell the property at a high price and suggested setting the price at 800,000 rubles.
A month later, when no buyer had been found, the realtor persuaded Olga to execute a notarized power of attorney allowing her to sell the apartment at a price of her choosing. According to the signed supplementary agreement, 750,000 rubles were to be handed over to the client, and any amount above that was to be recognized as the realtor’s fee.
On the same day the agent sold the apartment for 900,000 rubles, keeping the 150,000-ruble difference for herself. She drew up two sale contracts — one with Olga and one with the buyer — but did not register the first document.
Having established the circumstances of the transaction, Olga sent a complaint to the agency but was refused. She then filed a lawsuit in the Sukholozhsky City Court, asking that the sale contract and the supplementary agreement be declared invalid, that the realtor be ordered to pay 150,000 rubles in damages, 15,000 rubles in compensation for moral harm, and the same amount for inadequate provision of services.
The court of first instance partially granted the claims, annulling the contract and the agreement. The realtor was ordered to pay 150,000 rubles in damages, 5,000 rubles in compensation for moral harm, and a fine of 77,500 rubles — a total of 232,500 rubles.
The realtor appealed the decision. The Sverdlovsk Regional Court found that the agent had nevertheless performed her work — she had sold the apartment — and therefore was entitled to the fee provided by the original contract — 2% of the transaction amount.
Taking this into account, the amount of damages was reduced to 132,000 rubles, and the fine to 68,500 rubles. As a result, the realtor is obliged to pay the former client 205,500 rubles.
Другие Новости Екатеринбурга (ЕКБ166)
In Sverdlovsk Oblast, a realtor sold a client's apartment and took the money for herself.
The realtor is required to return part of the funds received from the sale of the apartment to the client. The press service of the courts of the Sverdlovsk Region reported a ruling according to which the realtor must pay the client the money she misappropriated after the sale of the client's apartment.
