Property owner says house he owned was listed for sale without his consent

By Charlie De Mar

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    CHICAGO (WBBM) — A Chicago property owner said his fixer-upper was listed for sale without his knowledge or permission — by a realtor he says he had never met and didn’t know anything about.

The listing came with flashy social media videos to market the place that property owner Frank Diaz wasn’t even selling.

Diaz now wants his experience to serve as a warning for others.

Right now, the brick workers cottage-style house on Taylor Street in the West Side’s Tri-Taylor neighborhood might not look like much — with its front window boarded up. But with a little TLC, the home, which has sat abandoned, is slated to become a three-unit building.

“That’s what I do. I fix them up and then rent or sell them,” Diaz said. “A lot of work to do, a lot of manpower, but we’ve done it before, and I will continue to do it.”

But Diaz said his plants for the property were nearly ripped out from under him.

“I would like to know what happened,” Diaz said. “Someone had listed my property without my consent.”

Diaz said the problem began in late May, when to his surprise, he spotted his own property listed for sale on a real estate broker’s social media page.

“I recognized the property. I recognized the front door,” Diaz said. “I was not their client, and I am not their client.”

The home was advertised on the Multiple Listing Service, or MLS, real estate portal — in an off-market, all-cash deal for $200,000.

Anthony Kirkland, a licensed realtor with Coldwell Banker, calls himself “The Ace Broker.” He was listed as the agent on Diaz’s property.

“I have never met him before,” Diaz said of Kirkland.

Diaz said he has never done a deal with Kirkland and has no knowledge of him.

Kirkland has several of his listings posted to his social media pages. The marketing videos for the Tri-Taylor house that Diaz owns have since been deleted from Kirkland’s Instagram page.

Some of the videos were taken inside the property. Diaz accuses whoever took them of trespassing.

Diaz said there is a realtor’s lockbox attached to the door that does not belong to him, and he says it must have been put there by whoever tried to list the property. Diaz said the locks on the doors were also changed.

In a brief call, Kirkland said: “Somebody was posing as the owner and once I was informed, he wasn’t the owner we took it down. That was it.”

While the listing was removed, Kirkland ended the call when asked who gave him permission to list the property.

“You do your job as a realtor, and you reach out,” Diaz said, “and if they would have done enough digging, they would have known my number, and they would have called me if I wanted to sell the property.”

Coldwell Banker issued this statement: “Coldwell Banker Realty expects all its affiliated agents to act with the utmost integrity and in compliance with all applicable laws. We have cancelled the listing out of an abundance of caution as we investigate this matter.”

“I’m just surprised they even attempted to do anything like this,” Diaz said. “I was more concerned that this could have actually worked out.”

Diaz filed an ethics complaint against Kirkland with the Chicago Association of Realtors.

Jessica Kern, chief communications officer at the Chicago Association of Realtors, issued this statement:

“While we cannot comment on any specific case, we can share that when a case is filed, it triggers a formal due process that includes a hearing. The Association takes all allegations of ethical misconduct very seriously. We have clear standards in place, and if a member is found to have violated the Code of Ethics, consequences can include fines of up to $15,000, suspension or even expulsion from membership.

“When appropriate, we also refer matters to the Illinois Department of Financial and Professional Regulation.”

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