Aboutliznarr Expertise I can answer questions relating to the purchase and/or sale of residential homes and land, including what a really good agent should be expected to do and/or not do; where to turn when problems occur; and questions regarding disclosure. I`m a Licensed Realtor in the Southeast since 1984 with designations of Broker, GRI, CRS, and CBR (Certified Buyer Representative). Current active and Life Member of Million Dollar Club, Certified by State Real Estate Commission to teach Pre-Licensing and Continuing Education courses, specializing in Agency. Currently serving on Grievance and Professional Standards Committees, and Education Committee in past.
Expert: liznarr Date: 7/6/2008 Subject: requesting an unconditional withdrawl of contract
Question We are wondering if you could tell us where to begin regarding the sale of our home and an agency that has not represented us professionally. We have had our house with an agency for 9 months(against our better judgement). The agent was bubbly but new to real estate, we should have never went with a "green" agent. But, we did. There have been approx. 5 verbal offers and 2 "formally" written offers on our home. Each offer has been countered either verbally or written and each offer has magically been declined, rejected, convoluted. We've listenend to everything the agency had to offer and have went through with price reductions, incentives, willing to rent temporarily to resolve buyer's money issues, whatever it took we were willing to consider. Yet we were always made to feel at fault for the lack of sale. We were scolded, wrongly advised, manipulated. I could write the details for hours however, bottom line is we've been misrepresented each time. It's a small town and we've heard from potential buyers that now know OUR financial information as well. The agency has never worked for our best interest but each time worked closely with the potential buyer. One example is a supposed interested party hung around for weeks and when we dropped 10,000.00 more they put in a bid. We countered and came in only 5,000.00 above their offer(35,000.00 less than asking price).This was all verbal, we NEVER SAW a CONTRACT. Come to find out that we should have asked for EVERYTHING in writing. Thought that was their job?! The agency said, "we will reject this because they refuse to come up." 2 days later we reconsidered, asked the agency for the written offer and the agency said, "we can not go back to them after rejecting, it will be impossible to refresh a rejected buyer." They wouldn't send us the contract, we thought this was strange. We also assumed that "going back in" is part of a sales job, especially in these lean times. Again, we felt the agency must have made us look "difficult, negative or bad" to the buyers for why wouldn't they have attempted to go back in and seal the deal? This happenned on several ocassions in one form or another. We have emails, voice mails and faxes with information about the potential buyer's financial status, livelihoods, personal info. Our agent has passed the buck to the owner who now ignores our phone calls, requesting a withdrawl. We have 5 weeks to go but insist on withdrawing due to such an unprofessional and stressful relationship. We don't want to go through the real estate commission, for it's lengthy process unless absolutely necessary. Do you have any recommendations? We could cut the lock box and bring the sign to the agency however, this doesn't take us off the MLS. We also live 3 1/2 hours away so some things are out of our control. Thank you for considering our questions...
Answer Hi Rich,
Sorry to hear of your problems with your listing agent and his Broker. Sounds like you have been living a real nightmare.
Assuming that you can document everything you have written about your listing agency, it certainly sounds as though both your agent and his broker have breached their agency obligations to you.
Revealing your confidential, financial information without your permission in writing is one of the biggest no-no’s in the entire real estate business, and a breach of Confidentiality. In addition, YOU are the one who gives the AGENCY legal instructions as to “what” to counter on offers. They do not have the right to make decisions FOR you, but rather should follow your instructions. When they failed to do so, they also breached their Agency duty of Obedience.
I would send the BIC (Broker in Charge) a certified letter and ask that their lockbox and sign be removed; ditto for your listing in the MLS, along with an unconditional Release of your listing -- citing breach of Agency. Give the BIC a deadline to do these things. Inform him that if he does not comply, he leaves you no choice but to take advantage of any legal remedies available to you, including litigation. You don’t actually “have” to resort to litigation, but the underlying threat might be enough to move this unethical pair into complying with your requests.
I would send a carbon copy of your letter to both your Real Estate Commission and your attorney.
If the BIC does not respond or refuses to comply, he leaves you no choice but to file a formal complaint with your Real Estate Commission. I would also strongly suggest that you also seek competent legal advice as to how to proceed next.
Even if you are not given an unconditional Release, you still have the right to ask that the lockbox be removed. If they do not remove it after being given Notice by you, I think you would be within your rights to remove it yourself. You may want to check with an attorney before doing so, however. Another avenue you might try is to call the MLS service and let them know that you want the lockbox removed and that your listing agency has refused. Ask the MLS if they can request this broker to remove it, or either ask that someone from the MLS come remove it – IMMEDIATELY.
There is just no place in the real estate business for unethical agents and brokers behaving in the manner you described. I hope the above is helpful to you.
Good luck to you, and feel free to write again if you have additional questions.
