Expert: Dick Dennis - 6/19/2006

Question
Im sure you have answered this question a million times, but I need some serious help. I am listed with Expert Realty in Florida and have been told I cannot cancel my contract, then told "give us 1% of the listed price and after we recieve it you can go sell your overpriced house yourself". Yes they really speak to me that way. Everyone I  have encountered have been extremely combative and not willing to take any responsibility for their actions.  Since listing 44 days ago; Not a single person has been shown the property. My home incorrectly listed for the first two weeks as being a 1 bathroom on the website therefore missing any perspective buyers looking for 2 baths.  10 days advance notice, 2 emails and 4 phone conversations (3 the day prior) with my listing manager and still didn’t get brochures for my open house. Then told by his manager when addressed that I “received them FedEx the day before the open house”. The brochures arrived 4 days later US Mail. A buyers agent from another company calls Expert to get information on my listing and is told I am not listed with Expert. Then when I confirm with her that I am listed and provide her with a name and phone number she leaves 2 voice mails for the Local Agent and her calls are not returned, her buyer chooses another property.  The response I receive from the Manager “she knows she isn’t getting a commission right?”   Not the response you would expect and I think she would have been the only one at that point who deserved one don’t you? To generate more interest I asked my listing agent to reduce the price and agreed to pay the extra commission to have it put on the MLS, it took twelve days for her to get around to doing it, adding another two weeks worth of lost buyers. In the meantime my neighbor sells her house by owner in 3 days after showing it to over 15 people for 7000.00 more than I am asking.
I want out of this agreement. There is no customer service no integrity, and no buyers.
Thanks  

Answer
Do not hesitate, Shany. Do this: Send the office manager a letter everything that you have enumerated in the note to me and tell him/her that the listing is cancelled as of (pick a date). If there is no response, or if they dispute what you have said, immediately hire a REAL ESTATE attorney to take care of this matter. Attorneys love to jump on real estate people's backs when they treat the public shabbily.

Be aware that your property will be basically off the market while you are taking them to court. But chances are, they are going to drop the whole thing. They know they are wrong and they are trying to bully you. And make sure that they pay your attorney's fees.

I have never heard of such deliberate unprofessionalism in the business of real estate, based on what you have said.

I do wish you well.


Dick Dennis             dixiedee13@aol.com