Home Selling in Florida>Question Details

romy8101, Home Buyer in San Antonio, TX

help....broker unethical....

Asked by romy8101, San Antonio, TX Thu Jul 4, 2013

We listed our home for sale december of last year with a local company. They had told us that we could cancel with them anytime . now 7 months later we are very unhappy with them because the realtor never answers phone on time, brings very few buyers, and some of the stuff that was in the house got lost and she said it wasn't her fault and we feel like we don't want to do business with them anymore.
so we went to her office and she gave us a listing cancellation to sign. Now we went to a different real estate company to list the property and they were told by the previous company that they won't release the house because the contract we had signed was for over a year (a year and 15 days to be exact) and they reserve the right to release.
they are threatening us that if we don't sign an agreement saying that if they bring a buyer we have to pay them 6% they won't release the property so our new realtor can list it on the market.


any recommendations? thanks

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Answers

7
Good Morning Romy,

I don't think that I would be quite so harsh in my response to your questions. I do not believe that seeking feedback is ever a bad thing, we all do it under many circumstances. I do not presume to know how your listing agreement is written nor how the laws in TX would be applied. The suggestion would be to have the first real estate company provide you with a written cancelation form releasing you from the listing agreement you had with the company. Keep in mind that while you may work with the individual agent, the listing does in fact belong to the office, your agreement is with the real estate office the realtor works with. You may wish to contact the office broker and explain the situation, possibly minus the unethical comments, just merely keep it simple as to your unhappiness with the service that has been provided.

Should you not get things resolved with the broker of the first company, you would then of course be best suited to contact a real estate attorney for guidance on how you should proceed. This will cost you a small amount of money but will be well worth it just so that you are properly protected.

Good luck with the sale of your home, and by all means always feel free to post a question for feedback as this is exactly what this forum is meant to do. When it comes to truly legal questions, we as realtors can not provide legal advise, but we can and do provide feedback based on our experience and offer that advise to assist buyers and sellers.

Lila Lopez
RE/MAX Advance Realty
homesylila@yahoo.com
0 votes Thank Flag Link Fri Jul 5, 2013
Romy,
In the listing agreement you signed there is a section titled. 'Cancellation."
What does that section state?
Were any admendments made?
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So, you want to beleive the broker is unethical because you did not read the contract you signed?
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The second agent, you know the one I'm referring to, the one who provided you the 'Listing Cancellation" form is the one whom you should be directing your question. After all, she has access to and DID read your exsiting contract....RIGHT? This agent and/or the broker will know EXACTLY what you can do. One of the things they will tell you is NO benefit can be derived by soliciating the opinions of strangers from the internet. But, here you are, already second guessing those you selected to represent you. But to sling about accusations of 'unethical' is SILLY!
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0 votes Thank Flag Link Fri Jul 5, 2013
A listing agreement can be for any length of time as long as it is in writing & signed by all parties.

If the broker will not help I would contact the local REALTOR association to file complaints, FREC & retain an attorney.

Best of luck.
0 votes Thank Flag Link Thu Jul 4, 2013
Listing for more than 3-6 months is pretty unheard of, but some do it. I would have to think the agent or their company did not have much hope in thinking they would sell your house if they needed a listing for 12 months. You said they gave you a listing cancellation to sign, did you and did they? I am guessing not sine that would be all you need to end the listing.

I would speak to them again and if they insist then tell them you want to raise the list price to $1,000,000 and they will have to comply. They won't sell it for sure then and maybe they will release it. Maybe it's lawyer time for you. It would be a shame to link your listing here so people could see what company takes a 1 year listing.
0 votes Thank Flag Link Thu Jul 4, 2013
If you were dealing with an agent, you could bring it to the broker's attention....that might help. And as always, you can consult an attorney.
0 votes Thank Flag Link Thu Jul 4, 2013
is it legal to write a listing agreement for more than a year's length?
0 votes Thank Flag Link Thu Jul 4, 2013
If they put in in writing that they would release the listing if you were unhappy, you have a lot of options, including suing them, reporting them to the local board, the department of state, etc. If they did not put it in writing then you really don't have much to go on.
0 votes Thank Flag Link Thu Jul 4, 2013
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