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I contracually listed my Arizona house for sale with a broker of a small, one-person real estate business, who had been recommended to me. In the contract it states the house will be listed on both the MLS as well as a specifically named, popular website. Originally when I checked, the house was indeed listed in those two places.
I happened to browse through those two sites early last week and saw neither showed my house anymore, so I contacted the broker. She said, "Ooops, it must have expired from the MLS. I'll have to put it back there." She also told me she pulled the ad from the other site "last week", because the other site charges her a small amount to advertise a listing there and she "could not afford" to keep paying for the listing. In reality, I do not know how long the house was off either/both; it was not something I routinely checked. Last week was a holiday week, so I waited until today to check again. The house still does not show in either place.
Other than switching to another broker or agent, (which I will do since our contract expires the end of this month, which is right here), is there anything else I could do? Should this be reported somewhere and if so, where?
Thank you in advance for your opinions/suggestions.
I contracually listed my Arizona house for sale with a broker of a small, one-person real estate business, who had been recommended to me. In the contract it states the house will be listed on both the MLS as well as a specifically named, popular website. Originally when I checked, the house was indeed listed in those two places.
I happened to browse through those two sites early last week and saw neither showed my house anymore, so I contacted the broker. She said, "Ooops, it must have expired from the MLS. I'll have to put it back there." She also told me she pulled the ad from the other site "last week", because the other site charges her a small amount to advertise a listing there and she "could not afford" to keep paying for the listing. In reality, I do not know how long the house was off either/both; it was not something I routinely checked. Last week was a holiday week, so I waited until today to check again. The house still does not show in either place.
Other than switching to another broker or agent, (which I will do since our contract expires the end of this month, which is right here), is there anything else I could do? Should this be reported somewhere and if so, where?
Thank you in advance for your opinions/suggestions.
Hmmm..usually you enter the contract expiration date as the date on the MLS. Not sure why the agent should have a different date on there. That's weird. Does the agent have other listings? If not, I'd wonder if she is a member of the MLS anymore? I know some agents are starting to give up their MLS membership and use Trulia and Zillow to list homes.
I think your only choices are to file a complaint with the state real estate association or an ethics complaint with the local REALTOR® association if the agent is a member. It would be a breach of fiduciary duties here in Oregon.
Obviously she is not doing as she told you she would, especially with the MLS and admitting it with the oops. You say your contract expires at the end of the month (a few days) so rather then report her, get a pound of flesh from her, whatever, etc., I say dump her and move on.
She does have other listings, which I see on her personal website. It doesn't give addresses or MLS numbers, so I don't know if they're on the MLS or even if they're current listings.
my agent who both works for me and the buyer is in breach of his duties that's not fair or honest or even dealing in good faith also did not disclose any known facts how can I file a formal complaint
You're asking for a ton of problems trying to force someone to list your home on a website. Cut bait and move on.
I read somewhere that > 65% of the country has a shortage of properties in their median price range....meaning if you were priced right you should have activity - if she's reluctant to spend money on you, I suggest it is because you are insisting on too high of a list price. No experienced agent is going to let a listing slip by them. Or possibly, being a one person office, her interests are on another facet of her office. Surely, this would be another reason to ditch her. Has she held an open house for the public? Or, invited nearby real estate offices to visit. She needs comment cards from both the public and the real estate community to pinpoint why you listing is expiring without activity.
The listings on her site do not have to be all hers. Now agents can put other agents' listings on their site, decreasing the appeal of zillow and redfin. Most serious buyers are tied into their realtors' MLS system, anyway.
Sure, you can file a complaint, force your listing on her, but is that really what you want?
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