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I'm in Tennessee. I signed a listing agreement to sell my home. Two days later the 'sales associate' and I have a verbal disagreement over the phone because he sticks a sign in my yard without my permission (he failed to communicate with me on when we would begin the advertising). He proceeds to say he won't work with me and will go to his agency owner to resolve this and I say 'so be it'. Later that day he sends me an email like nothing happened. So on our next phone conversation he ask,"If I bring you a full price offer will you accept it?" And I state,"Not from you". Now, he has filed a lawsuit stating I have 'withdrawn my house from the market' thus his full 5% commission has been earned'. My house was not on the MLS, he had never shown my house, taken pictures, nor advertised it, nor brought any offers or a ready, willing and able buyer. My attorney has written three letters to the broker-owner asking for another sales associate. Their only response was the lawsuit.
The local Real Estate association won't help because it's in litigation and I'm about to contact the TN Real Estate Commission for their advice. So, who's right? Did I breach the contract with my statement. Is their any Case Law on this? I'm hopeful of a quick method to resolving this 'fiasco'. I appreciate your educated responses.
Not knowing the specifics of your states laws, I can talk in generalities so, here it goes -
From the way you described the situation, in my opinion, you did not violate the listing agreement. There are several reasons for my opinion. 1) The agent did not actually present an offer to you. 2) The listing belongs to the broker - not the agent. Any litigation would have to be brought by the broker.
Also, I would ask if the listing agreement you signed contains an agreement to arbitrate versus litigate disputes. If it does, than it may be possible, and again this depends on your state law, that a motion to dismiss would be in order.
Good luck - keep us informed as to what's happening.
Greatday: the suit was brought by the broker and no the listing agreement doesn't state anything about arbitration or mediation.
Thanks for your quick response and input.
Greatday: the suit was brought by the broker and no the listing agreement doesn't state anything about arbitration or mediation.
Thanks for your quick response and input.
No problem -
The problem remains however (IMO) that, according to the way you described it - no actual offer was presented. If in fact there was a bona fide offer, it should / could be presented by anyone in the firm - and, if there was a bona fide offer - and it was not presented, IMPO, there very well may be a breach of duty to you, the client.
If it is like you described, I guess you might be glad this all happened so fast, because the broker and the realtor sound to me like scum bags to react like this and if it is like you said IMO they have no change. After such a short period without one buyer or being on the MLS, this sounds like a huge RED FLAG.
I am quite stymied by the lawsuit since he didn't actually bring you a full price offer. If he had a legitimate written offer and you refused it because you don't like him, then yes I could see the suit for the commission.
In Oregon, sellers sign a document stating that the house is to be withdrawn or terminated. If you did that, then there may be a clause in the listing agreement that indicates the full amount is due. If you didn't sign it, then I would talk with your attorney to see if you have abandonment clauses. We have them here in Oregon where if an agent abandons a client, they are some options to move on to another brokerage.
So, your attorney is suggesting that you try and get another broker in a firm that has not followed through with any terms of the contract?
I get the feeling that some other words were exchanged during your phone call or email that must somehow be relevant to your situation.
I'm in Tennessee. I signed a listing agreement to sell my home. Two days later the 'sales associate' and I have a verbal disagreement over the phone because he sticks a sign in my yard without my permission (he failed to communicate with me on when we would begin the advertising). He proceeds to say he won't work with me and will go to his agency owner to resolve this and I say 'so be it'. Later that day he sends me an email like nothing happened. So on our next phone conversation he ask,"If I bring you a full price offer will you accept it?" And I state,"Not from you". Now, he has filed a lawsuit stating I have 'withdrawn my house from the market' thus his full 5% commission has been earned'. My house was not on the MLS, he had never shown my house, taken pictures, nor advertised it, nor brought any offers or a ready, willing and able buyer. My attorney has written three letters to the broker-owner asking for another sales associate. Their only response was the lawsuit.
The local Real Estate association won't help because it's in litigation and I'm about to contact the TN Real Estate Commission for their advice. So, who's right? Did I breach the contract with my statement. Is their any Case Law on this? I'm hopeful of a quick method to resolving this 'fiasco'. I appreciate your educated responses.
Have your attorney tell them that you have reconsidered and will accept their full price cash offer.
I was never given an offer to purchase my house. Actually, I informed the broker via our attorneys that I would drop my request of another sales associate yesterday. As of now, they have not responded...again.
Abandonment clause...interesting. Especially if the broker never responds to my request. I've indicated throughout I'm ready to sell my house.
So you still aren't in the MLS, and you didn't sign anything stating you were terminating your relationship with the brokerage?
This sounds like a really bad personality conflict gone awry.
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