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Tom, Home Seller in Florida

We sign the contract to sell our home on Nov-17,2007. Realtor didn't give us a copy of the contract. I'm

Asked by Tom, Florida Sat Dec 15, 2007

asking her for this contract since we sign it - she has always excuses. Today she writed to me, that she will mail it to me.... and she also write that her renew become expired???? And she will not renue now because is a Christmas Time - she will may be some times in January (I have her E-mail). I don't understand what she is up to? Is there any way for us to get out of the contract with her? Please give us advice. Thank you very much, we apreciate any advice...

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In Georgia, if we do not provide the seller with a copy of the listing agreement then the listing agreement is not valid.

From her statement to you, it sounds like you signed a short listing agreement that has now expired. If she has told you that your listing agreement has expired and you have that in email than I would save and print the email for your records. If your listing is expired than you are already out of contract with her and need no additional steps. Then I would list your home with whom you are comfortable representing you. Be sure to interview a few agents and pick the one that is being upfront and honest. If you are concerned about communication because of your current experience then ask if you can speak with their current seller listings for references. If they are providing great service it should not be an issue.
0 votes Thank Flag Link Sat Dec 15, 2007
Hi 'Tom. This appears to be a confusing situation. I can understand your confusion. Whenever a legal contract is signed on real estate, the agent or the seller, must provide a copy of the document to the buyer/seller. This is a legal requirements. There are no exceptions to this statute. You should contact the state of Florida Real Estate Commission and tell them of your experiences. They will ask you to come into the office and file a formal complaint, which should not be difficult. It's not clear from your words whether you signed a listing agreement to sell your home through this agency, which appears to be the fact, but in any case, the agent has violated legal statutes. Contact your Real Estate Commission as soon as possible for good advice. I hope everything gets corrected to your satisfaction.
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0 votes Thank Flag Link Sat Dec 15, 2007
If the listing is expired or about to be, then you can resign with anyone. Even someone at a different brokerage. Call the broker for a copy of the paperwork so you are sure when it is expired, and then resign when you want to after it is expired. Good Luck.
0 votes Thank Flag Link Sat Dec 15, 2007
Tom, are you saying that you signed a listing agreement? or you signed a contract with a buyer to buy your house? Either way, she has an obligation to give you a copy of everything right away. What has expired? the listing agreement? if yes, then just don't renew with her. In Florida, your agreement is with the broker of that office and you... NOT the agent. You can go directly to the broker and ask for another agent in the office to represent you if you are not happy with her performance.
0 votes Thank Flag Link Sat Dec 15, 2007

In Florida the agent Must give you and their office copy of all paperwork you sign!

Call her broker, discuss the situation and the renewal problem. The broker will see that you get copy of all the paperwork! and will handle the renewal.

Best of luck
0 votes Thank Flag Link Sat Dec 15, 2007
Sounds like some serious issues. Go talk to the Broker as soon as possible.
It is not Christmas anywhere in the world are at the stage you need to deal directly with the agents Broker, and do not take any excuses for an answer.
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0 votes Thank Flag Link Sat Dec 15, 2007
The best thing to do is to call the Broker of the office. Otherwise known as the manager or Broker of record. He/She should be able to help you. Otherwise, try to get a copy from the other agent.
0 votes Thank Flag Link Sat Dec 15, 2007
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