Q: We no longer trust this broker. We paid $995.00 upfront. She never calls and took our home off the market, without our consent. How can we get our money back and get out of this contract nightmare? She says our money is non-refundable. She refused to show us homes. We only had two showings in three months and that was on the same day from another Realtor. Any help would be appreciated. We are open to showings anytime and even lowered the price by $15,000 in the first two months.
?Kitty, Painesville, OH
A: Please refer to your listing agreement which would detail the terms/conditions under which your binding contract could be terminated. If she indeed took your home off the market without your expressed written consent, then you should consult a real estate attorney who could better advise you on your possible courses of action. Best of luck.
Alex Cortez is a Realtor? with Wailea Village Properties LLC dba/Island Sotheby?s in Kihei, HI.
A: You need to refer to your listing agreement to determine whether the broker removed your home from the market for good reason. For example, if the listing ran its course and she simply did not renew it, then the contract was fulfilled and neither of you likely have any further obligation to the other. If, on the other hand, she took your home off the market before the term was up, she may have breached the contract, and you could have good cause to terminate it and move on. If she did breach the contract, but still refuses to refund your money, you could take several courses of action, including filing a complaint with your state?s real estate commission and/or taking her to small claims court. Consult with legal counsel to determine your options.
Phil Lunnon is a Realtor? with Lunnon Realty in Lakewood, CO.
A: Dear Seller -
First let me say I am licensed in California, not Ohio. However, I am happy to share my experience and knowledge, which may apply to your state too.
If your agent is not performing as agreed or has done anything you feel is unlawful or unethical, you have several recourses. You can complain to the agent?s ?broker of record?, you can file a complaint with the Department of Real Estate in Ohio, you can file a complaint with the Ohio & National Association of Realtors, and you can file a lawsuit against the agent.
The easiest recourse and probably the quickest way to get resolution is to contact the agent?s broker. You can find the name of the agent?s broker of record by calling her office. If you prefer not to call her office, you can contact the Ohio Department of Real Estate instead.
You can use your browser to search for ?Ohio Department of Real Estate? to go directly to their website. Then you click on the link to ?eLicensing? and then you enter your agent?s information. It will provide you with a list of people with similar names who are licensed real estate agents. When you click on your agent?s name, it will give you detailed information, including the name of her broker and the city where that broker is located.
Once you?ve found the broker?s name, call him/her and have a candid conversation, clearly stating the problem you encountered and the resolution you desire.
You can also search for the ?Ohio Association of Realtors? using your browser. Then contact them to find out if your agent is a ?Realtor?. Agents volunteer to be Realtors; it is not required. If your agent joined the Ohio Association of Realtors, then she is a Realtor and is held to a higher standard of ethics. You may file a complaint with the Assocation of Realtors.
The State of Ohio?s Department of Real Estate will also help you file a consumer complaint.
I hope this information is helpful.
Denise
Denise Shur is a Realtor? with 1:1 Realty in San Jose, CA.
A: Contact an attorney to review your listing contract. Laws vary between states.
Mark Bergman is a Realtor? with Bergman Real Estate in North Creek, NY.
A: I totally understand your frustration. Let me tell you a story about a property I listed and sold in three days whom was with one of those fee-for-service brokerage firms. It was an elderly couple and that makes it even worse. They were promised the moon and the sales agent continued to get them to fork over money before the property was ever shown. The elderly couple handed over almost $4000.00 dollars before it was all said and done. Then after the listing had expired the agent disappeared, had their money, and never even bothered calling them to see if they wanted to continue. In searching we found several deficiencies. 1) The property was not put in MLS for almost a month. 2) Only one main photo was up on the property. 3) The sales agent had the owner?s phone numbers to contact for all appointments. I know there has to be some kind of fiduciary obligation , but what that was was not readily available. Well needless to say the company got the elderly couples money. They listed with us a full service brokerage. We had under contract in three days and closed in 30. Yes the couple had to pay out commission on the listing, but it was sold so quickly and they were so elated to finally be free and clear of the property they have sent us a lot of business. So the moral of the story is: Yes there are fly-by-night companies that will be glad to take your money, there are FSBO sites that will as well, but do you think a full service agent whom does not receive a dime before the property has more or less of an incentive to sell? That is what I thought. In the other scenario?s you take the incentive out of the mix. Why should a fee for service broker work hard for you? Out of obligation? You and I know how far that will get you.
Full Service agents have been around for decades. They take pride in what they do and do it well because without this they would be out of business. I hope this helps.
Craig Martin is a Realtor? with Keller Williams Premier Partners in Hammond, LA.
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Related posts:
- My Contract To Sell Ended, How Do I Get My Realtor To Take My Home Off The MLS?
- Our Realtor Is Not Showing Our Home, What Recourse Do We Have?
- Is There A Fee For Canceling A Real Estate Contract?
- How Do We Get our Earnest Money Back?
- If Items Are Not Listed In A Buyer?s Contract Can We Remove Them From The Home?
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