Quote from realtor ..."broker told me to please remind you of section 4A3 of the Residential Listing Agreement (Seller agrees to pay to Broker as compensation for services irrespective of agency relationships either 4.5% of the listing price If, without Broker’s prior written consent, the Property is withdrawn from sale, conveyed, leased, rented otherwise transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension)."
Since i removed her sign from my window of my property, and told her to remove the property from any listing.
2006-10-18 19:25:29 · 13 answers · asked by spreenjeff 1 in Business & Finance ➔ Renting & Real Estate
1. How much longer is the listing valid? Just wait it out! No need to spend $$$ on attorney's etc...
2. Let them keep the sign up.
3. Review your listing agreement and now make them honor every little bit of it to the letter- did they give you a marketing plan? Tell them you want copies of all the ads, list of all the showings that have been done and feedback, list of open houses and the open house sign-in sheet. (You should have been getting all of these things already by the way)
4. If you have a "lock-box" on your property- get it off asap. Make the agent show up in person to show your property to prospective buyers (p.s. they HATE this and prefer to just let buyer's agents go in whenever) Tell them you feel unsafe with the lockbox and are afraid of theft if YOUR agent who YOU are paying- isn't present during showings.
5. Keep your price higher and be unreasonable with negotiations IF you really do not want to sell afterall.
6. Wait the listing out and let it expire. (and do not give an extension)
BUT, BEWARE: If they bring you a full price contract and you refuse to sell- you may have to pay them a commision because they brought a viable contract. (there are still ways out of that, but I don't think they'll go that far!)
Good Luck!
2006-10-19 02:28:53 · answer #1 · answered by kimmyb 2 · 0⤊ 1⤋
How did you make the sale of the property unmarketable? You need to mention that, were you too high? If so, Did you reduce the price? That's generally what happens, if you did reduce the price then I don't see how you made it unmarketable, unless you were not allowing it to be shown or limited access, etc. You need to speak to the broker and come to an agreement, you were not to remove the signs or anything else, as it goes against you and the contract. You are legally responsible, if the home didn't sell during the listing period or/and extension then you might've been home free, but you didn't wait for that to occur, get some legal advice. It's a tough one.
2006-10-18 20:39:22 · answer #2 · answered by You are loved 5 · 1⤊ 0⤋
it is your home and if you dont want to sell it at all you dont have to. i have been involved in real estate for 22 years and have never not taken a house off the market if the seller decides not to sell ... now if the broker thinks you are screwing around and trying to sell it behind her back during the listing period that's a different story... this is an unusual clause in a listing agreement but anything is possible. if you dont want to sell it you should speak with an attorney or the board of realtors in your area for advice. the alternative is to leave it listed on the market but dont agree to any offers. even if you get a full price offer you can insist on an all cash deal making it unlikely that it could be sold. as far as the sign is concerned if you dont want the sign you dont need to have the sign. your listing agreement may provide a clause that allows the broker to put one up but that is usually with you ongoing consent. if she gives you a hard time about that ask her for a list of every listing her compnay has and check to see if everyone has a sign. if they all do leave it if even one does not have it insist that it to be removed. good luck
2016-05-22 01:22:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
turn this against the agent, first how long is the listing in effect for? 2nd allow the sign back up, and on the mls, then put pressure on the agent to spend her own monies to market the house, if she does not market the house then the agent will have not fulfilled her part of the sales agreement.
in today's market no one is paying list price which agent knows, so they are un likely to spend monies on a house that does not have a motivated seller which is you, so in turn place pressure on agent to market the place which she will hesitated because of the situation then most likely if she does not market the house spending her own monies, then move to have your house removed for her failure to market it
also can place restrictions on when they can show your place thus making it even harder to market do not do an all out banned because that will be unmarketable but limit it once and awhile
2006-10-19 01:35:54 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋
you owe her cause you agreed to the terms of the contract. let the contract run out and not agree to sell to anyone but find a good reason y. like you want full asking price that is your right. and if it sells who cares take the money and run. also check and see if the contract allows you to increase asking price. also make the broker sorry they ever had you as a cleint and call everyday with a dumb question like is it sold yet, my dog threw up do you have a steam cleaner i would like to clean the rugs, oh the sign fell outta the window can you come put it back up as my back is too sore to reach it, after they just left 20 min ago, also i spilled coffee on the sign can you get me another? oh my next door neighbour's dog ate the sign even when it's been dead 2 years ....... have fun and be creative. why be mad when you can be creative. remember when you in school and they said learn to be creative well now is the time to use that creativity again
2006-10-18 20:20:02 · answer #5 · answered by Anonymous · 0⤊ 1⤋
That broker is desparate. I would really let the agent know that you will be confering with the liscensing agency in your state. Does she really want it publicized that even if she can't do her job she expects to be paid? Not good PR.
Did she, during the listing period, bring you a full price offer? That was her part of the contract. Did she not act in good faith in the marketing?
2006-10-18 19:31:15 · answer #6 · answered by San Diego Art Nut 6 · 1⤊ 1⤋
Most agents will allow you to take your house off of the market, when you are close to the end of your contract (6 months is most common). My agent allowed me to do this, but, it is only a temporary situation. You should go back over your contract and look to see if this clause is included. I have heard of agents that will hold you to half the commission, if, you voluntarily take the house off of the market indefinitely.
2006-10-18 19:41:59 · answer #7 · answered by lynnguys 6 · 1⤊ 0⤋
you have the right to change your mind.Never use an agent either!hopefully you didn't sign a contract in which they recieve money with or without sale.most contracts state that if they don't sell your house in a certain time frame you can drop them and owe nothing for any expense.but,there are some contracts that do require you pay them.thats why you don't go with an agent,some are pretty sneaky
2006-10-18 19:41:12 · answer #8 · answered by jgmafb 5 · 1⤊ 1⤋
You signed a contract that said that? You should get an attorney.
2006-10-19 00:24:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Talk to an attorney immediately.
2006-10-19 05:44:02 · answer #10 · answered by txrealestateagent 3 · 1⤊ 0⤋