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Numo, Both Buyer and Seller in New York, NY

I discovered my former agent has been listing my property on/off the market without my permission!

Asked by Numo, New York, NY Tue May 6, 2008

For the last two years my former agent has been listing my property on/off the market on MLS, ROLEX and various wed sites without my knowledge and approval What damage if any am I able to claim also does it hurt the value of other units in my co-op since it shows the apartment has being listed for so long also at one point it reflected "offer accepted status" then it was taking off and within a month back on the market as "active" I would appreciate any advise. Thank you!

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Ask your former agent what's going on. If the answer isn't perfectly satisfactory to you, then report the agent's actions to his managing broker. If you don't receive satisfaction at that level, take it higher, as Bette suggests.

I'm not a lawyer, so this isn't legal advice. But at this point, you probably can't claim any damage since you haven't been damaged. Damage might involve having to sell your unit at a lower price than comparable units because of the actions of the agent. But there might be other areas you could pursue legally. Again, check with a lawyer.

Hope that helps.
1 vote Thank Flag Link Tue May 6, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
How do you guys find these questions that are over a year and a half old?? I think Trulia needs to make the date of the original posting MUCH bigger.
0 votes Thank Flag Link Mon Dec 28, 2009
NY NY, it's a helluva town!

Not to demonize the victim here, but have you considered that, perhaps, looking for damages where there aren't any is also bad behavior?

Certainly, you do not have a professional responsibility to the public. But you're either damaged or your not, and your neighbors who are on the market are either damaged or not, and it's not really up to a bunch of strangers to provide that evidence.

It's enough that the agent is in violation, but again - if you have real damages, then - and only then - should you consider your options. Otherwise, just report them.
0 votes Thank Flag Link Mon Dec 28, 2009
Why do I suddenly feel like I need a shower?
0 votes Thank Flag Link Mon Dec 28, 2009
This is illegal, an agent must have specific permision to advertise or offer your property for sale or rent. They are using you for bait and switch; these agents make us all look bad. Please report them to the Department of State. The link to the form is below.
http://www.dos.state.ny.us/lcns/pdfs/1507.pdf
0 votes Thank Flag Link Wed Feb 4, 2009
contact the Local Board if nothing happens contact the Department of State
0 votes Thank Flag Link Wed Feb 4, 2009
Numo,

This is a situation that needs to be referred to an attorney. But before doing so be absolutely certain your information is both accurate and complete.

They will be able to advise you about damages.
0 votes Thank Flag Link Tue Feb 3, 2009
What the agent is doing is wrong. Notify the Department of State immediately. You can file a complaint on-line. See below for the link.

Best wishes,
Michele
http://www.mpetersesq.com
0 votes Thank Flag Link Tue Feb 3, 2009
That your property wasn't removed from all access is not acceptable- contact the NYDOS.
Web Reference: http://optionsrealty.com
0 votes Thank Flag Link Tue May 6, 2008
Normally, from California. Any changes in the MLS system, adminstrator would need a owner signature, before they can even allow the system to change any information.
Your realtor may not do this for a bad intention. I am sure, he/she is trying to help in all ways to help you get a qualified tenant. Ask him/her why he did that. And tell him/her you would not allow this happen again.
0 votes Thank Flag Link Tue May 6, 2008
Thu e length of time on the market and sold price certainly do affect the marketing statistics for your building.

You have three places you can contact regarding this realtor's behavior. The state department that issues real estate licenses, the Board of Realtors in your area and the manager of the company the realtor works for. You'd have to ask an attorney about the question of damages.
0 votes Thank Flag Link Tue May 6, 2008
Report the agent to your state's Real Estate Commission.
Web Reference: http://www.ConnieHerron.com
0 votes Thank Flag Link Tue May 6, 2008
The value of other units are affected by sold prices.

Regarding the actions of your former agent...call her/his manager. If no satisfaction, call the local Board and see how to file a complaint.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Tue May 6, 2008
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