Requesting an Unconditional Release within 24 hours of signing listing agreement

Cynthia
Home Seller
07001

I signed a listing agreement Thursday night at 7:30 p.m. after a comedy of errors and some very rude messages from the listing office, I asked to be released from the listing. The agent said I had to talk to the broker, I called and was transferred to his voicemail, went to the office where I waited for an hour and he refused to see me. Contacted the Board of Realtors and the Garden State MLS and they were shocked that I couldn't get a release. Suggestions???

Answers (5)
Paul Howard
Broker
Cherry Hill, NJ

Unless there is a side to your story you aren't telling I know what I would do. You can file all the complaints you want but it takes time. I like Scott Nelson's suggestion regarding the investigative reporter but as long as everything you say is fact just post the details to Trulia or anyplace else you can and name names. Do it every day. Then contact the Better Business Bureau and file a complaint. Then contact the state department of consumer affairs. You should also talk to an attorney about it before you do all that.

The 'you signed a contract' and now "i got you" routine really tics me off and I'm a guy that thinks a lot of consumers waste the time of Realtors far too often mostly out of ignorance but sometimes because they can.

Sat Oct 11 2008, 13:54
John Sacktig
Broker
East Brunswick, NJ

Hi Cynthia -

Contact the NJ Real Estate commission and explain the situation, especially about the broker refusing to see you. Also contat the New Jersey Association of Realtors ( search NJAR ) and see what they can do to help.

I would try again and leave the message that you are going to the REC and NJAR directly to get results, maybe that will spur some action.

Good Luck.

John Sacktig
Broker Manager
Orange Key Realty

Sat Oct 11 2008, 09:46
Lucy Korzelius
Agent
08736, 07712, 07753,...

Dear Cynthia, Your could try the New Jersey Real Estate Commission. They fall under the Dept. of Banking and Insurance. Good Luck with your efforts.

Sat Oct 11 2008, 09:41
Keith Sorem
Agent
Glendale, CA

Cynthia
There seem to be some issues that are not being disclosed here (not that I would divulge all the details on the web either), so just based on your post:
Have you decided not to sell, or you do want to sell, but not with that Realtor?
If you have decided not to sell then you should be able to get your Realtor to change the status of your listing to WITHDRAWN. You can also ask them to "exclude the listing from the MLS" so it will not show up anywhere.

If you have decided to sell but want to use a different Realtor, that may be a little more challenging. Unfortunately if the broker is not going to cooperate (and I am puzzled why they would not cooperate...did you write them a letter explaining your case?) you may need to hire an attorney...however in most cases direct discussion with the broker should resolve your problem.

If the broker is not reasonable you could also complain to the Dept. of Real Estate (See link below). It may also be that there is an ethics violation. You can read the Realtor Code of Ethics http://(www.realtor.org,

If there is an ethics violation (and it sounds like there is something fishy going on in this), then you can file a grievance with the local association of Realtors.


http://www.realtor.org/mempolweb.nsf/214c1520b27c9ee286256b2…

Sat Oct 11 2008, 09:40
Scott A. Nelson
Agent
02155
FIRST ANSWER

You might contact your states attorney general office department of consumer affairs, or/and have the contract reviewed by a qualified real estate attoney/litigator. Another interesting idea might to be to enlist the aid of a local investigative reporter.

Sat Oct 11 2008, 09:30

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