Can real estate agents/brokers do this?

[becwells]

Originally Posted by Margery

Please read paragraph 12 of your listing agreement dealing with broker compensation and go over this with your new agent to make sure you understand who gets paid "if anyone produces a buyer ready, willing and able to buy the property". Show your new agent the agreement you signed with Long and Foster. Make sure you are not agreeing to pay 2 brokers.

I was wondering about this also. I can't imagine that a new broker would just "give up" any commissions to the old broker - surely they'll also want to get something.

[bowian]

Originally Posted by Denton56

Welllll..........they did still try grab a commission. They wrote in that if someone buys our house prior to May 31, and they had seen the house during the last 7 months, then Long and Foster gets the commission. That doesn't seem quite fair, since Long and Foster were unable to sell that house to them, it doesn't seem fair if someone else sells it them the new agent gets nothing.

We're listing it again in a few days, I hope. We REALLY want to sell this house!

Two points:

1. If you mean May 31 of this year, that's only a few more weeks. Hold out. Can't you wait until June 1 to relist? I would, to be on the safe side. You likely wouldn't have a contract by May 31 anyway in this market. I know it's Northern VA, but this is a slow market.

2. If the new agent hits the ground running, you should have new potential buyers who have not seen the house in the last 7 months.

Don't let Long and Foster get that commission.

[Paul Edmundson]

Williams Evans in Manassas 703-368-7600 is a real estate attorney. Hopefully L&F will repond appropriately before you need to call him, though. I hope this doesn't sour you on all realtors. . . most of us would never allow a customer to feel this way!

[Tish Thompson]

I sense your frustration and it stinks that you haven't been able to get through to your agent/brokerage. What's your reason for wanting to terminate? If it's not related to one of the agent/broker duties listed in the agreement, you may have to pay to get out of the agreement. Additionally, if you want to change anything in a contract/agreement, you have to do it in writing. Calling the brokerage and asking them to make changes isn't sufficient.

Since you've communicated to your agent/broker and have not reached middle ground, I'd contact DPOR. The forms to file a complaint are online. Be prepared to provide documentation to support your claim. It's a little more work, but much quicker and less expensive than paying an attorney. DPOR will investigate your situation and help reach a resolution that works for you and the listing brokerage. DPOR is the overseer of all licensed professionals in Virginia. I sure as heck don't want anyone reporting me to them. I'm sure your brokerage will feel the same.

Originally Posted by Denton56

As many of you know, I have been trying to get out of a contract with Long and Foster in Vienna for over a month, after a 7 month listing with them. Today I found out that they canceled my house from the MRIS, removing all listings from the internet. I never asked them to do that. I have asked them over and over to cancel the contract, but never asked them to cancel the MRIS listings prior to canceling the contract. We never told them, never signed anything, asking them to do this! They waited until 5:00 on Friday to tell us that they had screwed us for the weekend, and beyond. Of course I know that all their listings go away when the contract is canceled. But, get this, they won't cancel the contract, but they canceled all listings of the house! So now we can't sell the house, without owing them money, but they are refusing to have it listed anywhere which means they aren't going to try to sell the house either. So we are being held hostage for a month. Can you believe it? I always thought Long and Foster was a reputable company! Not any more!

Do you think this is legal? Can they drop their part of the contract, by not trying to sell the house, but not let us out of the contract?

Does anyone know a good real estate attorney? We are out thousands of dollars because of Long and Foster. This month alone, while they won't sell it and won't release it, will cost us another $2,000. I am hoping that a lawyer can get us out of this and perhaps sue them for our expenses and his. It's worth paying a real estate attorney a few hundred dollars for a consult.

Please, everyone, do not trust Long and Foster. They have totally gone down the tubes as far as ethics and honesty. Very sad.

[Denton56]

Thanks, but this issue was resolved months ago. All it took was a new agent, Julie Williams, of Williams Realty. She sold the house in 6 days. We wasted 7 months with Long and Foster and their bad advice. Shame on us for allowing that to happen. We lost SO much money, thanks to them. But it's over now!