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Old 09-16-2007, 05:33 PM
 
2 posts, read 10,031 times
Reputation: 10

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Hello, I would like to know if a listing agent failed to follow through on an offer that the seller had accepted, claiming that the buyer's agent had not replied, but in fact the agent wants to reserve the house to sell to his or her own clients to get the full commission, then was the Agent in violation of the Listing Agreement contract? Can I demand an unconditional cancellation of the Exclusive Rights to Sell Listing Agreement based on this alone? What if my Listing Agent did not notify me, the Seller, about offers from other agents but asked me to accept offers from his/her own clients only? I have very good reason to believe that this is what happening, so please help me with advise and opinion on how to handle this situation. Many thanks in advance for your replies.
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Old 09-16-2007, 06:04 PM
 
Location: Virginia Beach, VA
2,124 posts, read 5,772,443 times
Reputation: 755
Go directly to his/her broker. Not only illegal but against all codes of NAR and more. If you believe that the broker is involved, go to the Realtors Association, the MLS and your attorney.

First, the broker so he/she has an opportunity to find out what is going on and get it fixed. If there are offers, they must be presented and time is of the essence... they must be presented as soon as possible for both of you. You may be able to get the broker to solve this issue quickly for you.

shelly
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Old 09-17-2007, 08:33 AM
 
Location: Palm Coast, Fl
2,248 posts, read 5,923,552 times
Reputation: 969
Oh, heavens. If what you are thinking is true, that is a blatant violation. If you did accept an offer and was told the buyers agent is not replying, and you believe that to not be the case, call the buyer's agent directly to find out. It does happen, so don't be surprised if the buyer has just found something else. I don't know what state you are in or if the offer was verbal or written.
I am wondering why you think the agent is doing what you are saying since they obviously did present an offer from another agent.
Either way, as Shelly says, call the broker directly and speak with them about it. They are responsible for their agent's behavior. If your agent is the broker, then speak with your local real estate board. IF what you say has or is actually happening, even after speaking with the broker, file a complaint with the state board and/or national board against the agent. They shouldn't be allowed to just slip on by and do it to someone else.
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Old 09-21-2007, 11:44 PM
 
2 posts, read 10,031 times
Reputation: 10
Thank you very much Shelly and Palmcoasting for your replies.
The agent is also a broker. Here is the detail: We have an offer on my house from an out-of-town agent. During the negotiation process, my agent found out that she has been showing the house for a relative of the buyer, who live in town and thus help her family looking for a house, but she is not the actual buyer. My agent was upset because she think that she should be their buying agent as well. We counter offered and I finally agreed on a selling price. On the day I accepted the offer, a relative of the buyer wanted to see the house, so my agent asked me to show the house and talked them into buying it with her for a cash reward. I called her later and told her I did not managed to convince the buyer. On the following weekend, she said she will be showing the house for another of her clients, I asked her why, since we already accepted the offer, she said we are still wide open. I have not heard anything from that offer since. I asked her several time what was going on and she said she never heard from the buyer's agent. I asked her for the phone number of the local relative, but she never got back to me. I finally realized, 5 weeks later, that I have the buyer's agent phone number on the intitial offer, so I called. Guess what? he said that my agent never replied to them and now they are looking at other properties. I did asked him to send me something in writing so I can confront my agent, but he probably does not want to get involved because I have not heard from him either. What can I do?
Now, about my listing agreement with this broker:
I bought my present home at it's listing price
directly with this broker. She promised to close
the deal without opening the house up for any other offers if I agree for her to sale my old home as well. I did not like that type of manipulation at all but thought I needed an agent anyway so I agreed to signed a Listing
Agreement giving the Agent exclusive rights to sell. Later, we have to sign a second Exclusive Residential Listing Agreement for the same house since my spouse's name was added on the title after we do a cash-out refinacing (this happen after I sign the first RLA). We signed the form in good faith at close of escrow for the refinancing, along with a tons of other things, with the assumption that the name addition is the only thing that is changed. I later found out that she has extended the Listing Period on this new contract from 6 months to 1 year (until July, 2008!), and added back a broker fees that is more than the amount she waived on the intial RLA, without consulting in advance with us. I know it's my fault for trusting. Is there anything I can do to end this agreement early because I no longer trust her. It the California Residential Listing Agreement (C.A.R. Form RLA). There is no provision for ending the contract without paying her the full 6% commission. Beside listing it on the MLS, she has done minimal marketing on my home and may be two Open Houses, completely unadvertised, for the past 3 months. She later called me about an offer from her client for much less, which I did not accepted. Again, what can I do? This issue have been very vexing. Please help!!!!
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Old 09-22-2007, 06:32 AM
 
Location: NJ
7,129 posts, read 13,856,217 times
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Cali, my 1st thoughts would be with what you said:

Quote:
Originally Posted by caligold View Post
Later, we have to sign a second Exclusive Residential Listing Agreement for the same house since my spouse's name was added on the title after we do a cash-out refinacing (this happen after I sign the first RLA). We signed the form in good faith at close of escrow for the refinancing, along with a tons of other things, with the assumption that the name addition is the only thing that is changed. I later found out that she has extended the Listing Period on this new contract from 6 months to 1 year (until July, 2008!), and added back a broker fees that is more than the amount she waived on the intial RLA, without consulting in advance with us.

I know it's my fault for trusting. Is there anything I can do to end this agreement early because I no longer trust her. It the California Residential Listing Agreement (C.A.R. Form RLA). There is no provision for ending the contract without paying her the full 6% commission. Beside listing it on the MLS, she has done minimal marketing on my home and may be two Open Houses, completely unadvertised, for the past 3 months. She later called me about an offer from her client for much less, which I did not accepted. Again, what can I do? This issue have been very vexing. Please help!!!!
Sounds like you may have been tricked into signing a new contract. I also wonder if it was there that day or if your sig was forged. I've heard of this happening in OH.

IMO, you need to get to a real estate attorney to have them read the contract. It will be worth the fee charged. Once you are out of the contract, look for my post called agent questions, then use it to interview agents.

How to find an agent: Go to realtor.com, put in your zip code, and the same beds / bath as you have not going over 2 baths. Next pick the price range. On the results, you want one of the agents that are local to you that has enhanced listings.
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Old 09-22-2007, 07:28 AM
 
Location: Palm Coast, Fl
2,248 posts, read 5,923,552 times
Reputation: 969
I'm not in California, so I don't know how their agreements work or their remedies. I can only suggest calling the Realtor association the broker belongs to and explain the situation to them. Unfortunately the brokers focus on the commission and trying to 'steal' another agent's customer put everyone off and her lack of follow through killed the deal. As a buyer (not as an agent), I wouldn't trust the situation and as an agent, I wouldn't want to deal with a broker like that AT ALL.
Any agents/brokers from California out there that can give some advise?
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