nuncio2010, Home Seller in Northborough, MA

I'm seller. How can I file a complaint with the MA real estate board against buyer agent who staged/listed my condo on MLS prior to closing?

Asked by nuncio2010, Northborough, MA Fri Apr 12, 2013

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Annette Lawrence’s answer
The real estate professional you hired will be able to guide you through this process EASILY.
So, give him/her a call to get the REAL local information based on the contract in hand.
You will find that is ALWAYS a better approach than soliciting comnents from strangers on the internet who have no knowledge of the contracts you signed.
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Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
727.420.4041
http://RealEstateMadeEZ.us
0 votes Thank Flag Link Sat Apr 13, 2013
BEST ANSWER
I would speak to the agent's broker first. They will need more information about your complaint. If it results in a very serious matter then I would contact,

Division of Professional Licensure
Office of Investigations
1000 Washington Street, Suite 710
Boston, MA 02118
tel. (617) 727-7406
1 vote Thank Flag Link Fri Apr 12, 2013
I would start with the MLS and see if the MLS guidelines/rules were followed.
Usually, only properties with a valid listing agreement are allowed.

Also,
In many P & Ss, there is a paragraph that allows the buyer to assign their interest in the property before the closing.
It may be that the "interest in the property" is what is being marketed, however, many MLSs do not allow that type of listing.


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1 vote Thank Flag Link Fri Apr 12, 2013
First I would ask your attorney and review my purchase and sales agreement and follow his recommendation and or what is spelled out in the p&s.

Many buyers that plan on flipping homes, will put a clause in that allows them access and the ability to market the home prior to taking possession.

None of this could not be done if it was not in the purchase and sales agreement that you signed.

If they did not have your approval, I would first call your agent to discuss it with the buyers agent and asked them to remove the items from your home and remove the listing from MLS. If this does not work, I would then, contact the agents office manager.

Lastly I would have your attorney do what the law allows him to do, to protect your rights under the p&s and law, because they could be trespassing.

Contacting the board of real estate is more out of your frustration to get even, although the board has no jurisdiction unless he is breaking the law, which if he is, you will get much more satisfaction using your attorney.

Good luck.
0 votes Thank Flag Link Sat Apr 13, 2013
More info would be needed. How did they stage it? The listing will remain on MLS throughout the expiration date. He should have updated the status to under contract... but filing a complaint may not be necessary unless you can elaborate more, it makes it hard for us to help
0 votes Thank Flag Link Fri Apr 12, 2013
I agree with C.H, you should speak with buyer's agent first. If that does not work out than you can contact MA real estate board.

Best Of Luck
0 votes Thank Flag Link Fri Apr 12, 2013
Im assuming an agent put a property under agreement with a buyer then turned around and relisted the property before closing with you?

Before you go to crazy, that is a common practice among investors, BUT, the purchase and sale must state that you are allowing that. Check your fully executed purchase and sales first.
0 votes Thank Flag Link Fri Apr 12, 2013
Please try to resolve the issue with the agent first. There could be some sort of misunderstanding between the parties. If not, the board or MLS can help you in this matter.
0 votes Thank Flag Link Fri Apr 12, 2013
Question seems a little confusing. Did the sellers agent list it or a buyers agent. Did you sign a listing agreement
0 votes Thank Flag Link Fri Apr 12, 2013
If you have a serious complaint against a real estate broker or salesperson, call or write the Division's Office of Investigations and ask for a complaint form:

Division of Professional Li censure
Office of Investigations
1000 Washington Street, Suite 710
Boston, MA 02118
tel. (617) 727-7406

Hope everything with the sale of your house works out.
0 votes Thank Flag Link Fri Apr 12, 2013
Not sure I understand the question. How did the buyer agent have access to the unit? did you have a sellers agent? Are you saying that the buyers agent staged the unit and listed on MLS as the sellers agent without your permission?
0 votes Thank Flag Link Fri Apr 12, 2013
I listed with my agent. It went under contract as a sale. Buyer's agent asked my agent for the keys to do a final walk through before closing. My agent gave buyer's agent the keys, but did not accompany. Buyer's agent staged it and listed it on MLS PRIOR TO CLOSING AND WITHOUT MY PERMISSION.
Flag Fri Apr 12, 2013
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