Expert: Dick Dennis - 7/20/2006

Question
I have a property listed for 3.4ml with a real estate agency. They have sold it 2 times and both deals fell through because  the buyers did not have the funds. This tied me up for over 5 months each.  The realtor never verified the funds.I have asked my realtor for an unconditional release they she refused my because I had signed an extension a few days earlier for 6 months. At the time of original contract she verbal stated that at any time I will release you from listing if you are not satisfied. I would like to market the property on my own  and find a buyer at a reduced price, after being told by my realtor that my property was sold I have since sold my business bought another home that I liable for 1.5ml and still she will not release me from this listing....what do I do?

Answer
First, Scott, remember this:

"In real estate, if it is not in writing, it was never said."

Therefore, whatever she said to you at the beginning doesn't hold water. She obviously is not a woman of her word. From time to time, yes, Realtors will extend the listing after a transaction falls through. They must inform you what you are signing (a listing extension). And you must read EVERYTHING that you are asked to sign. And if you sign it WITHOUT reading it, that is your problem if later it turns out you are not satisfied.

You should also be aware that the fact that the property was "sold" twice would put you in a bad light if you were to take this matter to court. That certainly shows that your agent has been working to sell the property, which is what is promised on the listing agreement.

However, there is something that makes me suspicious. The fact that she got you to re-up for six more months (before or after) the second purchase agreement was presented. That would hint to me that just maybe the second buyer was a false buyer and it was only set up to get you to sign up for another six months. Just a thought.

I do wish you well.

Dick Dennis               dixiedee13@aol.com