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Old 05-03-2009, 02:18 PM
 
17,379 posts, read 16,518,282 times
Reputation: 29030

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Quote:
Originally Posted by Denton56 View Post
Funny thing, the broker has sent me emails to restate the conversation, except that they are total fabrications. She attributes all kinds of things to me that I never said! One said that I agreed that they had marketed the property well. I had said exactly the opposite! I thought she had lost her marbles. Now I know she was simply copying her boss on HER emails to me, without copying mine back stating clearly that I did not think that they had adequately marketed my home. She's a very sneaky lady who thinks she is oh-so clever. She's not. She certainly isn't good with people, totally clueless when it comes to saying the right thing to sooth things over. She antagonizes me more with every exchange, either verbal or in writing. Plus, she's a terrible communicator. I can't help but wonder who hired her and why.
You can continue to fight with this agent, hire a lawyer, drag this thing out and spend big bucks on a lawsuit that you (probably) won't win. Just the fact that you stayed with her for 7 months and only complained about her work in the last month doesn't sound too good for your side.

I think it's crummy that she gave you the impression that you could get out of your contract "at any time". That clearly is not true and she never should have made that statement to you. I understand why you're mad and I can see why you do not want to work with her anymore. L & F should get you another agent ASAP.

You have 30 days left until this contract expires. I would let it expire and move on.
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Old 05-03-2009, 03:39 PM
 
3,164 posts, read 6,951,679 times
Reputation: 1279
I have never had any thoughts about suing Long and Foster. I have never had any interest in that. If we have to keep the contract another 30 days, so be it. That's not my problem now. The problem is that they won't let me out of the contract, but they won't sell the house either. They have removed the house from the MRIS, all MLS listings are gone. They have withdrawn my house from the market, without my consent, while refusing to withdraw the contract. No one could find my house, or the agent, if they wanted to buy the house. So I cannot sell it, nor will they sell it. The house is not on the market. I can't put it on the market and sell it because I have a contract with them. They won't sell it for the next 30 days because they chose to removed it from the market.

I don't need a lawyer to SUE anyone. I need a lawyer who can help me either force Long and Foster to abide by their contract and put my house back on the market, OR cancel the contract so that I can sell it myself or with another agent.
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Old 05-03-2009, 03:44 PM
 
3,164 posts, read 6,951,679 times
Reputation: 1279
Quote:
Originally Posted by VRE332 View Post
Be more straightforward with this clown. Ask specific questions, demand answers. "KISS" Keep it simple stupid. Keep calling her until she gets annoyed with you, which should be pretty easy for you. IMO I think you're are impatient, something is putting pressure on you to move. Just my $0.02.
Impatient after SEVEN months? I suppose you could say that. Yes, we are have grown tired of having the house, it has cost us a lot of money over the last 7 months. There is no one putting pressure on me to move. We moved back in September. But we are afraid of totally missing the Spring market with a company that won't sell our house AND won't let us sell it.

You are right about the broker, she got very annoyed with me when I wouldn't by her ridiculous lies. Now she will rarely take my calls and ignores my emails.
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Old 05-03-2009, 03:47 PM
 
3,164 posts, read 6,951,679 times
Reputation: 1279
Quote:
Originally Posted by EricD View Post
Why don't YOU copy her boss on your e-mails back to her?
GREAT Idea! From now on, that is exactly what I will do. It took a while to catch on to wacky emails. I could not understand why she kept sending me emails that supposedly referenced something I said when I had never said those things. I thought she was just nuts. But now that I get that she's blind copying her boss, I shall do the same thing, except it won't be a blind copy. I have nothing to hide from them, I never have. That's part of my problem, being so honest with people who don't play by the same rules.
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Old 05-03-2009, 05:04 PM
 
385 posts, read 1,260,692 times
Reputation: 86
Did yo finally read your contract? You know, that thing you signed. If your house is priced properly; it will sell.
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Old 05-03-2009, 05:20 PM
 
5,125 posts, read 10,090,101 times
Reputation: 2871
Quote:
Originally Posted by horseplayer View Post
Did yo finally read your contract? You know, that thing you signed. If your house is priced properly; it will sell.
I don't think the main issue in these types of situations is whether the seller read or understood the contract, but instead whether the broker and agent are holding up their end of the bargain by using their best efforts to market the house in a manner any reasonable seller would have expected at the time he or she entered into the contract.

If houses that are "priced properly" sold themselves, no one would hire an agent and every listing would be FSBO. Denton56 was prepared to pay the agent a nice commission; the agent just doesn't seem to be willing to make the effort to earn it.
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Old 05-03-2009, 05:33 PM
 
385 posts, read 1,260,692 times
Reputation: 86
Priced properly and placed on MLS.
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Old 05-03-2009, 06:59 PM
 
3,164 posts, read 6,951,679 times
Reputation: 1279
Yup, I have read the contract. It says they will have house listed on the MLS but says nothing about canceling the contract. Since they have removed the listing from the MLS, perhaps they have canceled the contract, but we simply have no way of knowing that. They won't tell us. We haven't signed anything to cancel the contract or to remove the house from the mls.

It's crazy, isn't it? And rather unprofessional.
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Old 05-03-2009, 07:04 PM
 
3,164 posts, read 6,951,679 times
Reputation: 1279
I agree that any house will sell at some price. I have no doubt that I could sell it to anyone here for $10.

The agent set the price. We lowered the price 4 times, always doing what the agent told us to do. Apparently the agent and her broker didn't know what they were doing. OR the agent was turning off buyers in some other way. Since I am not the professional, I have no idea how they screwed this up. But they have, from start to finish. Now they can't even tell me if we still have a contract with them or not!
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Old 05-03-2009, 08:37 PM
 
Location: Springfield
2,765 posts, read 8,328,564 times
Reputation: 1114
Quote:
Originally Posted by Denton56 View Post
I agree that any house will sell at some price. I have no doubt that I could sell it to anyone here for $10.

The agent set the price. We lowered the price 4 times, always doing what the agent told us to do. Apparently the agent and her broker didn't know what they were doing. OR the agent was turning off buyers in some other way. Since I am not the professional, I have no idea how they screwed this up. But they have, from start to finish. Now they can't even tell me if we still have a contract with them or not!

If I were you, tomorrow would be a good day to have a face-to-face conversation with that person(s) . Less phone tag , and less email chains, more face time equals straight answers.
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