Home Selling in Hannibal>Question Details

Barefoot, Home Seller in Hannibal, MO

My Remax realtor will not answer phone and never calls me back. Has been three weeks since I talked to her.

Asked by Barefoot, Hannibal, MO Mon Nov 8, 2010

Had closing date of Sept 30 and I sold my furniture on the 26th to be out of house. Buyer wants to sell their house so I am living without much furniture. They have the bank loan to purchase my house. Realtor doesn't show house or advertise and I am tired of living this way. When I do get to talk to realtor am told they will call me right back but that never happens. Was supposed to have showing last Tuesday, called and left message that morning asking if was still doing showing so I could plan my day. As of today I have never had a reply. Supposed to have had open house Sunday but never had that either.

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That certainly is odd that your agent is not communicating with you, especially since there is a contract in place & a closing set. Unfortunately, with bank loans, anything can happen, and even though it has been indicated that the buyers are approved for the loan, sometimes the real estate agents are left in the dark until the loan has totally fallen through. No excuses for your agent as they should keep you informed as to what they do OR do not know. Speak with their broker about what's going on or at least let them know you need answers. This is not good business...
1 vote Thank Flag Link Tue Nov 9, 2010
I think you need to sit down with the broker, not the agent and ask them to explain your true status to you. If you have a contingent contract and the closing was supposed to be Sept 30th, then your contract is dead unless you have extended your contract. For reference, once a home is under a contingent contract it won't get many showings unless the agent makes a special effort to do open houses, etc. Other agents will not show a home typically that is in the computer as under contract. You need to understand what the kickout is on your contract - 24 hours, 48 hrs, etc. and make sure that is in the agent remarks.

Talk to the broker, not just the agent. It is the brokers listing technically, even though you work with the agent and have probably never met the broker and dont' know who that person is.
1 vote Thank Flag Link Mon Nov 8, 2010
I do not recommend publicizing details about your transaction like company, etc. Too many lawyers (not all) .

The contract you have is with the Realtor, true, but they are an agent for the BROKER, who has legal responsibility for their agents' actions.

You should contact your Realtor's broker immediately and ask for a meeting. Bring all pertinent documents.
I can tell you that in the current lending and economic environment, I know of few lenders that really close "on time". So seek to get to the truth. It may simply be "the way it goes".

Note: This does not excuse your Realtor from responding to your calls. Sometimes when people are afraid and confused, they simply "check out". So you be the "adult". Seek the truth, ask questions, and stay focused on the end goal. None of this may be the buyer's fault. Wait until you have all the facts, then start figuring out next steps.
0 votes Thank Flag Link Tue Nov 9, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
Hi, I am a bit confused about your statements and concerns, but we of course do not have the contract in front of us, and we do not know what that real estate sale contract stated, so our answers are based only on what we think may be your situation.

First of all, if you have a written sale's contract, you can check what the terms say!
If you have doubts you have two choices, contact the Broker/Manager/Owner of your listing agent's office
if you truly never get a response from YOUR listing agent.... That Broker not only will explain the current contract situation to you, but will also make sure that you get updates from your agent....

And if you have any doubts about the contract, you should or could have had a real estate attorney double check the terms on your behalf....

You can also leave your listing agent another message, that you would like to return your call, otherwise you
will make an appointment with the Broker/Manager in the office to get clarification to some of your questions.
See if then you get a response...

Good Luck to you!
Edith YourRealtor4Life
Working always in the very BEST interest of her clients!
0 votes Thank Flag Link Tue Nov 9, 2010
It sounds as though you have questions and perhaps some misunderstanding on the status of a contract.
Was this house sold by you? Was the contract contingent on the sale of the buyers current home?

You have great advice here, if you are not getting any response from your realtor, cal the broker at ReMAX as the broker is the boss.

However if you are not getting response from the broker, you might call the local Association of Realtors Board. In the interest of expediency, I am wondering if you might also, want to call the buyers realtor and ask that realtor directly about the status of the buyer.
Sorry, it sounds very frustrating for you.
Good luck.
0 votes Thank Flag Link Tue Nov 9, 2010
Sounds like abandonment. Perhaps you should contact the Broker, and ask for an explanation. The broker may be unaware of your situation. In addition your attorney should be consulted.
Web Reference: http://www.clovelake.com
0 votes Thank Flag Link Tue Nov 9, 2010

Try contacting your agent's office and request to speak with the "broker." They should be able to get you some results.

Good luck,

0 votes Thank Flag Link Tue Nov 9, 2010
RE/Max is a great franchise. I don't work there or plan to, but like others say the relationship between you and your agent should have honesty built in to each other. Now obvious theres some sort of communication error here. Could it be possible that the buyer that was going to buy your house couldn't qualify for the loan? Maybe? The fact is you just don't know because you have no idea as to whats going on. Now, others are right, if you can't get in touch with the agent, just visit their office and speak with the broker. I'm sure they will take care of you.

Good Luck, and I hope everything works out. I know its hard to live without furniture, feel like your living in a tv dinner box.
0 votes Thank Flag Link Mon Nov 8, 2010
Your listing agreement acts as a personal service contract. Check with the local real estate board, but all you should need to do is say "You're Fired" and you want to be released from the contract. They should release you from the contract. Ask for them to provide and sign a cancellation and mutual release. Note all breaches of contract with this listing broker in case they try to collect money for the service they think they provided to you. Find a better broker now that you know what you're looking for in an agent. Good luck.
0 votes Thank Flag Link Mon Nov 8, 2010
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