A national real estate agency with a presence in Charleston, South Carolina is staring down a lawsuit after one of its agents – former city councilman Tim Mallard – allegedly engaged in a sex romp with an unnamed female at a property he was purportedly “showing.”
EXP Realty LLC, Mallard and the unnamed female (a.k.a. “Jane Doe”) are all listed as defendants in the lawsuit, which was filed by Shalin Shah and Reena Patel-Shah in the S.C. ninth judicial circuit earlier this year.
The Shahs own 1418 Pearl Channel Loop – a three-bedroom, three-bathroom, 2100-square foot home on James Island which sold for $525,000 on June 30 of this year.
That sale was reportedly made under some duress due to an alleged sex romp that took place at the residence in the spring.
According to the suit, Mallard “booked a showing of (the) property that was listed for sale” on April 15, 2021 and arrived at the property with the unnamed female.
Mallard and his companion entered the property and “while in (the) master bedroom, started having sexual relations.”
The Shahs had a home surveillance system installed inside their residence, according to the lawsuit. Upon logging into this system, “suddenly and without warning they viewed Mallard and (the unnamed female) engaging in sexual intercourse in their bedroom.”
Upon viewing the scene unfolding in their bed, the Shahs “felt shocked, violated, helpless, betrayed and upset.” They further sustained “fright, horror, grief, anger and worry knowing that they had been violated and betrayed,” the suit alleged.
The Shahs are accusing EXP of negligence and recklessness in training and supervising Mallard – making them “vicariously liable” for his actions, according to the suit.
Mallard is accused of “failing to act as a reasonable and prudent realtor” and “failing to use the degree of care and caution that a reasonable and prudent person would have used.”
The unnamed female is accused of the same “degree of care” failure as Mallard.
EXP is based in Bellingham, Washington. According to its website, the agency is “one of the world’s fastest-growing real estate brokerages” boasting more than 60,000 “real estate professionals.”
Mallard was elected to city council in November 2007, defeating incumbent Anne Francis Bleecker. He served one four-year term, opting against running for reelection in 2011. In 2016, Mallard finished third in the GOP primary for S.C. Senate District 41 – a race which was ultimately won by state senator Sandy Senn.
THE LAWSUIT …Tim-Mallard-lawsuit-EXP
(Via: Charleston County)
ABOUT THE AUTHOR …
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and seven children. And yes, he has LOTS of hats (including that “We Are Family” Pittsburgh Pirates’ lid pictured above).
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