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Old 03-13-2009, 10:11 AM
 
1 posts, read 2,390 times
Reputation: 10
Question Listing agreement extended without our consent

I would certainly appreciate it if someone here can help me out on this.

Last spring, I signed a 4 month listing agreement for our house in NJ. My realtor was doing nothing, so I listed the house myself on several websites, i.e. craigslist, trulia and also listed for rent, and we ended up renting to someone I found. We told the realtor, who wanted us to let her have the first month's rent, and she would run a credit check and do the walkthrough. We agreed. That was a mistake, but not really the point.

When we decided to let her do the rental, she wrote on the original listing contract that she was getting the first month's rent, which we initialed, but we noticed later she had extended the listing date until the end of 2009! I still see my house listed online as being "temporarily off the market."

Do I have to get the listing terminated since we'd never agreed to that date to begin with? It's essentially a fraudulent document because it's doctored. Do I handle this with her or the broker?

Last edited by Elizabeth Ann Cook; 03-13-2009 at 10:14 AM.. Reason: because clarity is a good thing
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Old 03-13-2009, 10:14 AM
 
Location: Central Texas
16,240 posts, read 22,156,849 times
Reputation: 12405
If the change was not initialed and is clearly a change (the original ending date marked out and a new one substituted), it's not valid. Contact the broker.
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Old 03-13-2009, 10:20 AM
 
Location: Martinsville, NJ
5,881 posts, read 6,699,558 times
Reputation: 3467
Quote:
Originally Posted by Elizabeth Ann Cook View Post
I would certainly appreciate it if someone here can help me out on this.

Last spring, I signed a 4 month listing agreement for our house in NJ. My realtor was doing nothing, so I listed the house myself on several websites, i.e. craigslist, trulia and also listed for rent, and we ended up renting to someone I found. We told the realtor, who wanted us to let her have the first month's rent, and she would run a credit check and do the walkthrough. We agreed. That was a mistake, but not really the point.

When we decided to let her do the rental, she wrote on the original listing contract that she was getting the first month's rent, which we initialed, but we noticed later she had extended the listing date until the end of 2009! I still see my house listed online as being "temporarily off the market."

Do I have to get the listing terminated since we'd never agreed to that date to begin with? It's essentially a fraudulent document because it's doctored. Do I handle this with her or the broker?
I would suggest, in most cases, that you call the agent & have her explain why she did it & have her fix it. If she gives even the slightest resistance to fixing it, immediately get on the phone with her broker.

I can see some validity, however, in not wanting to even bother with someone who would do that sort of thing, so I couldn't fault you at all if you just skipped over her & went straight to the broker.
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Old 03-13-2009, 11:02 AM
 
Location: Salem, OR
10,851 posts, read 18,130,249 times
Reputation: 6718
If you make a change on a document you have to initial BY THE CHANGE...that way other changes can't be made. If she extended the listing date and you did not initial that change as THL said, it's not valid.

So...call the principal broker and talk with them. If they won't act quickly to take the home off the market, then file a complaint with the real estate agency.
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Old 03-13-2009, 11:03 AM
 
15,461 posts, read 20,257,482 times
Reputation: 6507
If you have it rented, who is collecting the rent and is the realtor doing the management as well?

If you are doing everything your self, I don't see why you even have it listed and would cancel it and get it off the market since you have it rented out....
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