Home Selling in Redford>Question Details

Sue, Home Seller in Michigan

A realtor came to my home to talk about listing my house late on a Friday before a holiday weekend. When?

Asked by Sue, Michigan Tue May 27, 2008

asked to sign the listing contractor, I told him that I wasn't ready to sign, then that I'd like my fiance to be part of the discussion, then that friends had advised me to talk to multiple agents. He became surly and kept pressuring and I buckled and signed. Later that day, my fiance recognized the pressure I was put under and called the realtor's cell phone to cancel the listing agreement but got no answer and left a message. I sent a certified letter to his office that day canceling the listing, and we called multiple times (cell and office phone) but got no answer. Following the holiday weekend, the agent left me a message that he had gotten my letter but that his company had the listing and there was nothing I could do about it, and we could pay him $500 for his time to get out of it. He didn't do any real work for me except talk to me for an hour. What are my rights?

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6
Sue,

Contracts made under duress are unenforceable. For a good overview, go to the link below:

http://consumer-law.lawyers.com/Contesting-Contracts.html

Contact the agent's broker and tell them so and that you consider the contract made under duress caused by the agent. If they push back, don't argue, just get a competent real estate attorney to send a letter to the broker. And if you have to go to this extent, then also consider filing an ethics complaint.

Good luck,

Jeffrey
1 vote Thank Flag Link Tue May 27, 2008
Unfortunately since you have signed off on the contract you have entered into an agreement. Request a copy of the agreement that you have signed and read through it to see if there is a cancellation fee. If not then he cannot request that. Each office works differently but this should all be in the contract that you have signed. Have you researched this Realtor to see if he or she has had many sales and success in your neighborhood? He or she might turn out to be the best Realtor. The $500 fee might be coming from his/her broker and this agent has to answer to them.
1 vote Thank Flag Link Tue May 27, 2008
Please call an attorney to discuss. Realtors are not allowd to give legal advice.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Tue May 27, 2008
Contact the agent's broker. Explain what happened. If you're not successful there, then go to a lawyer.

In the future, when confronted by that sort of situation, ask yourself: "Is this the sort of person I want representing me, talking on the phone to possible buyers or other agents? Is this the sort of person I'd want to deal with when I have further questions?" Your answer, of course, is no. And that makes it a lot easier to stand up under the pressure. In fact, the more pressure that's applied, the stronger your internal "no" becomes, and thus easier to verbalize it.

Hope that helps.
0 votes Thank Flag Link Tue May 27, 2008
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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What shame. I am sorry that you are in this unfortunate situation. Call an attorney to discuss your rights before doing any thing else.
0 votes Thank Flag Link Tue May 27, 2008
Sue,
If this agent works for a firm he is supervised by a broker. Talk to that person first and let them know how you feel. If you don't get satisfaction from the broker then call the state department of Real Estate and ask them how to proceed.
If those efforts are unsuccessful then contact an attorney on how to get the contract voided. In the meantime don't let anyone pressure you into signing anything else.
0 votes Thank Flag Link Tue May 27, 2008
Jed Lane, Real Estate Pro in San Francisco, CA
MVP'08
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