Expert: Todd C. Menard - 2/26/2009

Question
Hi Todd:  We listed our home for sale on 8/29/08 with an agent who seemed very agreeable to handling our listing, despite the fact it was a divorce situation.  She went on to say that her agency frequently dealt with divorce situations and stated how she would keep both parties "in the loop" as I did not reside in the home for sale.  Fast forward to December 2008, when I determined on her producer page that the home had been shown eight days prior and I was not notified.  When I contacted her, she stated she was driving down the highway at 60 miles per hour and did not have time to notify me as the buyers agent did not allow her much showing notice. I said I understood the urgency in accomidating a showing, but was distressed she did not telephone me the next day or even later that week.  Instead, I had to find out about it on their website.  Several weeks later when it occured again I telephoned her, only to be screamed at over the telephone. (My teenage daughter was present and could overhear her voice).  Next, I received an e-mail, stating her policy was that I would only be informed of showings occuring during the business week, Monday thru Friday, and NEVER on weekends or holidays. This is a complete contradiction to her listing agreement verbage.  Subsequently, I was informed by the agent, that I was not to telephone, e-mail or correspond with her or her broker, in fact stating that "the e-mail thread is dead" among other consiscinding statements.  An attempt to cancel the listing agreement by both my ex and myself have gone unanswered despite the offer of a small comission should the house go into escrow before her listing agreement expiration.  No success had been made through her broker, who happens to be her father, in fact more lies from him to our lawyer.  We have since notified the agent to remove her sign and lockbox, which thus far has only eliminated the sign.  We are both extremely upset over the demise of this agents professionalism, and the fact that for some reason this has become personal with her.  She has never suggested even having another agent in the firm take over the contract.  I want to pursue filing a grievence with the Board of Realtors, but cannot identify what code of ethics was breached here.  Can you help guide me?  I know it's complex, but we are stuck until 5/29, which in fact was a nine month agreement, that neither my ex or myself was aware of.  This being of course our fault for not reading the contract more closely.  We had listed the home previously with other agencies, both times with six month contract expirations.  
Please Help!
Denise

Answer
Hello Denise - The National Association of REALTORS (NAR) Code of Ethics is only enforceable against Members of NAR. First, you must determine if she is a member, and you can determine this by visiting Realtor.com. If "she" is a member, then it is quite possible that she has violated Article 1. You do not need to determine which Standard of Practice as you only can find a REALTOR in violation of an Article. The Standards of Practice are there for further situational clarification. It appears that your ultimate WIN is a cancellation of your current listing agreement and since you have endeavored to talk to the Designated Broker (her father) to no avail I recommend other action as well. Pursuing an Ethics complaint will not result in cancellation of your listing contract. You may contact your local television station consumer hotline. In AZ they are branded as Turn To TV3, 10 on Your Side, etc. Contact the station and explain your situation. Tell them all you want is to have the REALTOR (if she is one)and her firm release you from the contract since you pursued all the appropriate actions to resolve this matter and the firm has failed to live up to their fiduciary duties to their client... YOU, and you are calling to prevent any other consumer from this type of behavior. Worst case... when the stations editor calls to investigate the matter the firm may just release you at that point.... remember not to accept just any type of release form your listing contract. You want an UNCONDITIONAL RELEASE... in other words that firm will receive no commission when you sell your home with another firm or by yourselves! This is very important, Article 16 prevents an REALTOR from interfering with the agency of another. Therefore, this advice does not promote the interference of your contractual agency relationship with this firm, and that your first course of action is to go to the real estate office and seek the designated broker and explain your situation and once again in person (if possible) and tell them what you want as an outcome... be firm but respectful. Finally, please remember this is not to be construed as legal advice as I am not a real estate attorney, and I further recommend that you discuss this matter your attorney. Depending on the state in which you live and the State agencies that govern real estate there, you may want to pursue filing a complaint with that agency as well. I hope this has appropriately answered your question. Please reply if I can be of further assistance. - Todd