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I've been all over the web researching how to terminate my contract with a ligitimate Broker who has decieved and defrauded me. His illegal activity involves the use of an investor who is also the Broker's business partner.
I've read all the posts and comments about Brokers w/unhappy clients.
My situation is a little different as this was a short sale. Bottom line, I have 6 weeks from an auction date, and now the broker will not return my calls. I've sent him the cancellation form to sign and he has ignored all my calls. I think what is happening now is that he wants to force the foreclosure sale so that he can get it on the auction block.
Is there a governing body I can go to for help to get my agreement void due to fraud? Must I now go out of pocket and hire a real estate attorney to assist with termination? There is not time for this as foreclosure is near. Plus I am in a short sale because I have no money to begin with.
I'm floored that none of the governing bodies, DRE, Association of Realtors, MLS have no built in facilities to help with something like this.
I've been all over the web researching how to terminate my contract with a ligitimate Broker who has decieved and defrauded me. His illegal activity involves the use of an investor who is also the Broker's business partner.
I've read all the posts and comments about Brokers w/unhappy clients.
My situation is a little different as this was a short sale. Bottom line, I have 6 weeks from an auction date, and now the broker will not return my calls. I've sent him the cancellation form to sign and he has ignored all my calls. I think what is happening now is that he wants to force the foreclosure sale so that he can get it on the auction block.
Is there a governing body I can go to for help to get my agreement void due to fraud? Must I now go out of pocket and hire a real estate attorney to assist with termination? There is not time for this as foreclosure is near. Plus I am in a short sale because I have no money to begin with.
I'm floored that none of the governing bodies, DRE, Association of Realtors, MLS have no built in facilities to help with something like this.
HELP. please advise!
If he's not returning your calls, perhapse he considers it cancelled. I would send a certified letter and deal with the more pressing issues, like the foreclosure.
If you're in a short sale situation and no one has made an offer on your home, then it may be difficult to stop the foreclosure.
You can contact the Department of Real Estate in your area. You can also contact the local Association of Realtors. Provide them with the details and ask what you can do.
Talk to your lender and ask if there is a program that can help you.
If you're in a short sale situation and no one has made an offer on your home, then it may be difficult to stop the foreclosure.
You can contact the Department of Real Estate in your area. You can also contact the local Association of Realtors. Provide them with the details and ask what you can do.
Talk to your lender and ask if there is a program that can help you.
I can't go into too much detail but the long short of it was that I was encouraged to take a bogus (super lowball) offer on the property. The offer included all types of addendums that bascially put the new buyer in the position as the seller. The offer included things like a quit claims and a POA. That offer was never submitted or received by the lender. Subsequent offers have come in, but were not presented to the lender. I finally tracked down one Agent who told me confidentially that he smelled a rat and his clients got cold feet and pulled out.
They refer to the bogus offer as the reason why I cannot back out. But I think that since it was never presented or accepted by the lender the offer is void. Which is one problem. My biggest problem now is that I need to get this thing off the MLS and find a new broker to avoid foreclosure.
The lender informs me that I should contact the DA and let them know what is going on.
Why not walk into the brokers office yourself? End the listing agreement asap. If that doesnt work contact the association of realtors in your area and push some buttons.
Also, call his number from another number, so your caller ID doesnt come up, I know this sounds odd, but just the same - if he doesnt answer, call his home. I would just walk into the office today.
Why not walk into the brokers office yourself? End the listing agreement asap. If that doesnt work contact the association of realtors in your area and push some buttons.
Also, call his number from another number, so your caller ID doesnt come up, I know this sounds odd, but just the same - if he doesnt answer, call his home. I would just walk into the office today.
The broker is a one man operation of Real Estate Broker and Attorney. I've tried going to his office, it's one of those types of buildings in the city where the front door is locked unless someone buzzes you in.
That will teach me to use someone like this. Also never trust a 'friend' who says they are going to help you. My friend was the 'investor/middleman/3rd party' who convinced me to give him my POA which I have rescinded. Luckily, title is still in my name.
BREAKING NEWS******
The broker has deleted my listing from the MLS and is verbally telling Agents he is no longer my agent.
I never received his cancellation agreement. How do I know he will not come after me for the commision if I can sell my house before it forecloses? Should I possess the cancellation agreement before I try and find another Broker?
The broker has deleted my listing from the MLS and is verbally telling Agents he is no longer my agent.
I never received his cancellation agreement. How do I know he will not come after me for the commision if I can sell my house before it forecloses? Should I possess the cancellation agreement before I try and find another Broker?
Definitely get it in writing! Give the broker a deadline during which to get the release of the listing to you in writing. If he does not get it to you within that specified time period, contact the local board of Realtors, and they should be able to advise you. To get the house listed with another agent so that you can get your ducks in a row before the auction date, you need to act quickly. A short sale will more than likely hurt less in the long run than a foreclosure will!
The broker is a one man operation of Real Estate Broker and Attorney. I've tried going to his office, it's one of those types of buildings in the city where the front door is locked unless someone buzzes you in.
That will teach me to use someone like this. Also never trust a 'friend' who says they are going to help you. My friend was the 'investor/middleman/3rd party' who convinced me to give him my POA which I have rescinded. Luckily, title is still in my name.
BREAKING NEWS******
The broker has deleted my listing from the MLS and is verbally telling Agents he is no longer my agent.
I never received his cancellation agreement. How do I know he will not come after me for the commision if I can sell my house before it forecloses? Should I possess the cancellation agreement before I try and find another Broker?
Call the local Realtors® Association and ask them if he voided the agreement or if he just withdrew the listing. Those are two different things. If he voided it in the mls then you owe him nothing. If he just withdrew it then yes, he may still have you on the hook for a commission. Ask them to step in and handle it for you. They should not have a problem with doing so.
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