Expert: Dick Dennis - 8/4/2006

Question
I signed a contract with an agent to sell our home in May. The home is Nevada and I moved to Florida. My realtor upon signing my contract failed to mention he was leaving the country, so after signing, my home took more than a week to get it listed, it then sat without a for sale for 2 weeks. The realtor comes back from vacation and now I think ok things should pick up... well no showings, nothing... I reduce my price... mind you my suggestion... more than a month goes by... nothing. I get a call from a neighbor telling me that someone had come to look at my house a week ago and couldn't reach my agent, they came back the second time to get the number thinking they may have wrote it down wrong, but found they did have the correct number. So after hearing this I too try him as well... his number is out the service area... I come to find out after a week of trying, he's out of the country yet again. I reach his broker and ask to be released from my contract, the broker declines and suggests he assigns to new agent. Can he do this? So in the meantime the broker immediately went out to replace the for sale sign with his name and number on it. There is no activity and I again dropped my price, it is reasonably priced at this time and there is still no activity... I have asked for their marketing plan and details on how they plan to get my home sold... it has been over a week with no answers to my questions. My home is just sitting while I rack up the costs of maintenance, the mortgage and utilities. What can I do if they will not cancel my contract and I have no representation? Please Advice

Answer
Obviously, Cheri, they have not lived up to their listing agreement. Tberefore, it is cancellable. Advise the broker/manager of the real estate office that as of X-date (say, three days from now) the listing is cancelled for good reason and then cite what you did to me.

That would hold up in any court. Further, if they don't release you from the listing, YOU WILL TAKE THEM TO COURT if they do not cancel the listing, never mind they would do the same to you.

One thing you should know is the real estate business is really bad. But not even being available TWICE and not responding, you have a very good case. What they did to you, there is no excuse for. My clients see me and hear from me four times a week, even if the property was not even shown. There is no reason why ANY Realtor does not do the same.

By the way, I usually respond very fast, but I was out of town . . . guess where. Las Vegas. My wife's aunt turned 90!So, I do wish you well, Cheri.

Dick Dennis     dixiedee13@aol.com