Home Selling in Connecticut>Question Details

hlp722, Home Seller in 06239

Signed updated listing contract on 7/28 and as of today 8/24 my home has not been listed on MLS. Is this a breach of contract?

Asked by hlp722, 06239 Fri Aug 24, 2012

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2
I would add one more thing to Lisa's answer. What did your agent tell you regarding the delinquent listing and did he/she offer to rectify it. Given you get no satisfaction, I certainly would contact the broker.
0 votes Thank Flag Link Fri Aug 24, 2012
With all due respect, Ted, as a Broker, I would clearly want to know if any of my agents withheld a listing from the MLS for more than three weeks. Their actions would be putting my license and my company at risk, not to mention the contribution to a negative reputation about the level of service the brokerage provides.. Failure to inform the broker does not allow for the agent's need for additional training be identified and rectified promptly.
Flag Sun Aug 26, 2012
In a word, probably "YES".

As with all things in real estate, it is governed by the actual listing agreement you signed with your real estate agent or broker. If your real estate agent is a Realtor®, then they are probably using the standardized listing documents provided by their Board of Realtors®.

The Greater Hartford Association of Realtors®' listing contract requires (as do most standardized listing contracts) that listings be input into the Multiple Listing Service. The Connecticut Statewide Multiple Listing Service rules require that to be completed within 48 hours of all signatures on the listing document.

In order to be exempted from the requirement to submit the listing to the Multiple Listing Service, the homeowner must sign a separate form which states he understands that the MLS is considered an essential service and that failure to use that service may affect the results you are trying to get in selling your home.

On the other hand, I would have to ask HOW you know that the property is not listing on the MLS, since that particular database is proprietary and only certain people have access to it. While Realtor.com and ctreal.com are the public sites which receive the MLS information, agents have the option to disclose or NOT disclose the address of the property, so if you are searching for your home on these sites by the address, it may not show up in your search, and it may actually be there.

If you have any further questions about your situation, you should first talk with the BROKER of the agency that has your listing. After all, each of the salespeople for that company actually work under the Broker's license, and it is the Broker who is ultimately responsible for the contractual agreements you have made with their Authorized Representative (agent).

Good luck!

Lisa Orme, Broker
The Master's Key Realty, Windsor, CT
0 votes Thank Flag Link Fri Aug 24, 2012
Question for you Lisa - how long does an agent/broker have to present an offer to the seller? Thanks!!
Flag Fri Aug 24, 2012
My house had been listed on MLS under our initial agreement which expired in July - we are under going a short sale process and an updated listing was required. Unfortunately, my agent is also the broker. I have requested an unconditional release of the contract but they aren't so willing. Just trying to understand my rights or if I should contact the board. Thanks
Flag Fri Aug 24, 2012
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