Buying or Selling a Home/HELP IN GETTING UNCONDITIONAL RELEASE
QUESTION: Re: MLS Listing# 21613396
Mike & Lillian Deckert
720 WEST BAY AVENUE BARNEGAT,NJ 08005
We specifically chose Century21 The Brokerage Giant for the known exposure in the market, internal resources available to Buyers & Sellers,market visibility unique signage,prestigious national presence,high profile,Trademark of the largest Brokerage in the World, chose a Realtor from Century21 Pacesetter Realty March 29,2016 Margaret McElwee emailed and Called left messages as to getting Listed began sending Details,Pictures to Margaret March 30 Margaret showed up with another Agent Darlene Farley April 02 Listing Contract signed for 6-months at 299K We didn't quibble on Commission of 6% because of our perceived opinion stated above and believed in Century21 to get this Sold quickly, Darlene Farley ended up being our Selling Agent ?
Margaret "Carol" McElwee
C21 Pacesetter Realty
Century 21 Pacesetter Realty Inc.
255 Route 9
Forked River, New Jersey 08731
NOT Happy with the chain of events
Received a Showing Request April 16,2016 by Donna Hewitt REMAX Manahawkin Property was showed without Darlene or Carol being present the Day after an Offer via email April 18,2016 from Diane Farley stating couple who looked at Property Offered $260,000.00 We responded with A counter Offer heard very little never received Copy of Offer actually constructed an a way to close out the Deal that I had used years ago on a Sale but was rejected by Darlene have no proof of Darlene working with Buyer to make it happen.
Shortly thereafter received a Call from Darlene who explained briefly about breaking away from Century21 and that they were removing Century21 Sign they did We were without signage for over 1-week ,no Flier Box they replaced with Pacesetter Realty Sign,Flier Box a week later We received a Form Letter EXCITING NEWS describing their split from Century21 ?
We feel hoodwinked We should have had the option to stay with Century21 and with another Century21 Agent but were not given a choice We are over 75 Days on market very little communication and effort other than MLS, one showing by a Remax Agent and a failed 2-Hour Open House,on May 25,2016 talked into a new lowered price from 299K to $264,900 thats a reduction of $34,100.,,,,Netting Us a bit over 240K 20K less than the Counter Offer !……?
Have no idea how Agent is trying to Sell have emailed both Agents asking what they are doing and made suggestions and also what can I do ?
What are our options to terminate this Contract and begin anew with Century21 and a Great Century21 Selling Agent ?
This place has to be Sold ASAP !
We are familiar with Realtor Code Of Ethics what happened to Ethics extended to a Seller ?
ANSWER: First of all, Michael, every listing in this country is the property of the BROKER of that listing office, NOT THE AGENT WHO TOOK THE LISTING. That agent is employed by that broker. So, the agent who originally took the listing had no right to move your listing over to another office (broker). Therefore, you may, if you choose, go back to the original Century 21 office you signed up with AND TALK TO THE BROKER of that office and inform him/her that you prefer to have your home sold through his/her office. Another agent will be assigned to you.
If for some reason your listing was assigned over to the succeeding real estate office without your knowledge or approval, then you have the right to cancel the listing and look for an office that WILL WORK FOR YOU.
If for some reason you get no agreement and/or cancellation from the succeeding real estate office, then if it were me I would consult with a REAL ESTATE ATTORNEY to have the listing cancelled and/or assigned to an office of your choice.
I do wish you well.
---------- FOLLOW-UP ----------
QUESTION: Hello and Thanks for the Reply,some clarification each Century21 Office is independently owned and operated as a Franchise so while We did sign Contract under Century21 Pacesetter Realty shortly thereafter Agent made Us aware that the Office had parted ways with C21 and We were now with Pacesetter Realty.
Since You Answered initial Question I Have emailed this complaint directly to the Broker not the Agent Asking that We obtain Unconditional Release and made contact with a Real estate Lawyer so will keep You Posted and if You can add to the possible ways to resolve this issue that would be Great!
Also have made a Donation Thanks for Your Service!
You need to verify that that C-21 office did indeed part ways with C-21. These days when a broker signs up with Century 21, he/she also may use their own name. In this case, it very probably started in business as Century 21/Pacesetter Realty. You may verify that indeed that office is now known as Pacesetter Realty by checking with the local Board of Realtors and Multiple Listing Service (they usually are in the same office). They must inform the BOR and MLS. If you have a complaint with a broker and don't get satisfaction, you should start with both the BOR and MLS. Then you can have your attorney settle the matter to your satisfaction.