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Old 11-08-2013, 09:40 AM
 
991 posts, read 1,519,148 times
Reputation: 1618

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So my most recent Realtor, got upset I was NOT extending my listing with her so she pulled down the signs 15 days before the contract expired and pulled it of the MLS 10 days prior to expiration. So I sat in limbo for 10 days, unable to list my property as I would have been in breach of the contract I signed with my selling agent....basically lost about 1/2 month of the property not being marketed. In her contract she wanted full payment of both commissions if I terminated the contract early, so I was very careful and waited to re-list my property until the contract expired.

Is this ethical? Should I report her? Can agents just have you sign up with them and then decide not to market your property? Seems like there would be some kind of oath.
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Old 11-08-2013, 09:43 AM
 
Location: Cary, NC
43,266 posts, read 77,043,330 times
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Did your listing agreement include that you would have a sign and MLS listing throughout?
I imagine so, and you might complain to the Real Estate Commission or to her managing broker.

FWIW, You could have signed a new listing agreement at any time, with the "Live" date to be the date after expiration of your listing. That would have given your new agent plenty of time for photos, and to put together a top-notch marketing plan presentation.
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Old 11-08-2013, 11:28 AM
 
Location: Needham, MA
8,547 posts, read 14,012,666 times
Reputation: 7929
Quote:
Originally Posted by MikeJaquish View Post
Did your listing agreement include that you would have a sign and MLS listing throughout?
I imagine so, and you might complain to the Real Estate Commission or to her managing broker.

FWIW, You could have signed a new listing agreement at any time, with the "Live" date to be the date after expiration of your listing. That would have given your new agent plenty of time for photos, and to put together a top-notch marketing plan presentation.
I was thinking the exact same thing.

I would also add that I would never sign a listing contract that stipulated payment of a commission if the contract is terminated early. If your agent is doing a poor job you should be able to fire them without them being rewarded for their poor performance. You may also change your mind about selling at some point (maybe though hopefully not you lose your job) and should be able to de-list your home again without financial repercussions.
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Old 11-08-2013, 11:52 AM
 
7,672 posts, read 12,811,485 times
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Since you aren't actually paying her a dime, I don't know how you would be able to recoup any costs lost in case you might have "lost" a sale/client etc due to her immaturity.

I would however report her to her managing broker. I would leave any feedback for her wherever she is listed as well. If she is this immature with a business transaction, others should know.
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Old 11-08-2013, 12:20 PM
 
991 posts, read 1,519,148 times
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Yes my contract does include me authorizing her to put up a sign and put it on MLS. I'm not looking to recoup a lost. I will probably report her to the board after my place sells, as she seems so immature that I would hate to have her slandering the property which I imagine she is already doing. She sells horse farms so it's a small inventory.

She is her own managing broker so no one to complain to there, that should have been a red flag as she is young. A lot of lessons learned.
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Old 11-08-2013, 01:04 PM
 
991 posts, read 1,519,148 times
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Quote:
Originally Posted by gray horse View Post
Yes my contract does include me authorizing her to put up a sign and put it on MLS. I'm not looking to recoup a lost. I will probably report her to the board after my place sells, as she seems so immature that I would hate to have her slandering the property which I imagine she is already doing. She sells horse farms so it's a small inventory.

She is her own managing broker so no one to complain to there, that should have been a red flag as she is young. A lot of lessons learned.
The location is Portland, OR metro, just south in a very horsey area. Where would I leave a review to warn others?
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Old 11-08-2013, 01:15 PM
 
7,672 posts, read 12,811,485 times
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Google her name and firm, see if any review type hits come up. Others can give more but that's what I do.
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Old 11-08-2013, 01:18 PM
 
Location: Florida -
10,213 posts, read 14,824,183 times
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Probably after the fact, but, why not simply erect your own FSBO sign? If you happen to get a buyer or interested party, the agent could hardly argue that it came through their efforts or listing. Then after your contract listing expiration date, simply move ahead with the private sale.
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Old 11-08-2013, 01:36 PM
 
991 posts, read 1,519,148 times
Reputation: 1618
I am doing a FSBO as a matter of fact, but she was too much of an immature b*tch to risk her saying by putting up a sign I terminated the contract so I was very careful. Just found out online she has only sold 2 houses this year, boy does she tell a good line, she wears equestrian clothes and tells you she has all the contacts....hah. She would have sued as with only 2 sales not sure how she is paying for her new Mercedes SUV.
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Old 11-08-2013, 05:11 PM
 
Location: Scottsdale, AZ
2,153 posts, read 5,172,378 times
Reputation: 3303
While I agree that you lost some exposure, her actions also cost her as well. She lost 15 days of potential sign calls and an opportunity to get an offer on your house before the contract expired. Having a sign up is one of the best advertisements an agent can have even if she does not get and offer on your house. You are correct she is obviously very immature and overreacted.

You could complain to your state's Dept of R.E., she may get a letter from them. But you probably won't get anything.
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