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blindlion | Dispute with Real estate agent? |
This is part of my contract which related with my Question.
2. Period of agreement: This agreement shall be effective from 07/07/07 and shall expire at midnight on 11/06/07.
Owner agrees that if, at any time during this agency Owner determines not to sell the Property, then Owner will promptly reimburse Agent for all the costs.
Referred to paragraph 2, If “Owner” terminates Exclusive Agreement, prior to expiration, by reason of negligence, only then “company” would absorb marketing and advertising costs.
4. Advertisement: Owner agrees that Agent may undertake routine advertisements of the Property at Agent’s own expense without prior approval. If Owner and Agent agree, however, Agent shall also implement special advertisement of the Property at Owner’s expense in an agreed upon manner
I changed my mind and decided to keep it and asked her to take my property off from the market (MLS). However she still hold my list and ask money.
How can I resolve this dispute?
Additional Details
She is asking me about $2000 for AD cost without receipts. She is the owner of this small firm. |
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Ms Betty
 |
No offense but after you reimburse the Realtor for actual expenses such as advertising what about the time the Realtor spent trying to sell your property? Time is a cost too.
I guess everyone thinks Realtors work for free? |
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Jon
 |
Humm seems very clear.
"Owner agrees that if, at any time during this agency Owner determines not to sell the Property, then Owner will promptly reimburse Agent for all the costs."
Write the check... |
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rlloydevans
|
Go into the office and ask to see the supervising Broker. This is either the owner or senior real estate agent incharge of overseeing the operation of the office.
By the terms of the agreement, you are liable to reimburse the agent for any "marketing costs" made for your property. However, most managers realize that keeping an unhappy seller listed is very bad business.
So go in, be firm, let them know that you aren't in a position to sell now, but if you are treated right, when you are ready to sell you will do it with them. The manager probably will make the problem go away.
If there is no satisfaction coming, then let them know that, of course, if you are not treated right, they can keep the property listed, but you won't sell for anything but an all cash, full price offer with buyer paying all costs, and when you are ready to sell, you will do it with a company that will be more interested in providing service to their clients instead of trying to squeeze every last cent out of them.
My guess is they will terminate the listing agreement. |
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badih@sbcglobal.net
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May I ask why you have decided not to sell now? If you could provide a good reason why you didn't want to sell now and maybe offer to go half and half on the ad cost then maybe this problem will go away. Real Estate as you may know is all about negotiation. One thing agents are afraid of is that some seller and by no means not all but few sellers do existing out there that want free services. So they get an agent to prep the house for the market, advertised the property with their out of pocket money and maybe bring few potentia buyers through the house and now let say a potentia buyer come by the property and ask the seller to dump the agent so the seller can save the agent's commission. so you see the potential for abuse? Most agent are ethical and reasonable so I am sure if your agent is one of the ethical and reasonable ones then you should not have any problem resolving this equitably. |
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John L
 |
If you are firm in your decision to take the property off the market, tell the agent to provide written documentation of the expenses. You must pay any expenses she can document, but she can not succesfully sue for expenses that she can not document. $2,000 does not sound unreasonable for MLS listing costs, printing flyers and several newspaper ads, so I don't think she is trying to take advantage of you. It is a clause designed to protect brokers from sellers who change their mind. Most Real Estate agents don't get paid unless they make a sale, so she may be upset about your ending the listing agreement early.
Given the state of the market, you might have done better by leaving the listing up till it expired, but refusing any offers below your full list price! |
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rochelletherealtor
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I put a similar clause in my contracts after dealing with a client like you. Unfortunately, your agent should have just set a flat cancellation fee instead of tying it to "costs".
She obviously sensed that you would do this.
You have a couple of outs:
1. Apologize for being so inconsiderate and refer her to five people you know -- five people who are serious about buying or selling. I don't care if you are sorry or not -- this is your best chance to get out of this deal without paying any money.
2. Apologize and offer $500 and two referrals.
Why do I think you should apologize? You welshed on a contract. You said you would keep your house listed for 4 months and that you would pay if you backed out. Now you're in violation of the contract. She may not be able to prove the $2,000 as actual expenses, but she can sure prove that you broke the agreement.
A heartfelt apology goes a long way in this world. It's a pain to go through all of the trouble to list a property, only to have someone say "Oh, never mind...". Yeah, it's a part of business, but you could have just kept the house listed and saved everyone some drama.
As far as the referrals -- your agent has proven that she is a good negotiator and someone who sticks to her guns. Remember -- she got you to sign that contract.
That's something that people want in an agent. Giving her business will stroke her ego and make her feel like you are not such a flake. She'll send you Christmas cards for life for those referrals.
You'll feel better too. I'm sure in some sense you feel bad for breaking your agreement. Doing it this way will save you some money, help right a wrong and will make someone's day.
Think about it... |
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Liberty and Justice For All
 |
Why is she not willing to present receipts? That's what I'd like to know. If your house must remain on the market because this agent is being stubborn then ask her, in writing, to take it out of the Multiple Listing Service. That should be possible depending on what state you live in. Also ask her, in writing, to stop advertising it. She has a duty to act in your best interests and if you don't want to sell she's violating that duty.
As for paying advertising costs, yes, that's her right to ask for those, but she should be able to present receipts. Pay for her costs and get out of the deal, but they should be real costs, not just numbers she throws out at you.
It's so silly to do this because if you do get any offers and she presents them to you all you have to do is say, "No thanks." She's wasting her time. I'll never understand stubborness like this. |
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khottmann
|
Unless you are refi'ing the property, and you need to take it off the market to do so, tell your agent to raise your price to an outrageous price. Tell your agent to remove the yard sign. Showing instructions would be appointment only between the hours of 11:11am to 11:12am. Tell her that you want to have an Open House everyday from 11:11am to 11:12am and you want to see results. If your agent wants to continue to list your home, let them. With these changes, your home will not get marketed and if it does sell, you sell it at an outrageous price.
Another option, tell your agent to place the home on "HOLD DO NOT SHOW" till it expires.
If you were my client, I would work it out with you. If you don't want to sell, you don't need to sell. I know that you would respect me more as a professional to allow you to cancel the listing. Ultimately, I would hope that you would remember my professionalism and refer me to family and friends and as well use me in the future.
I am sure your agent's marketing gave her other opportunities to sell Real Estate other than yours. If she missed that boat, then that is her shortcoming in her business. A $2000.00 investment to gain opportunities is a common dollar investment in Real Estate. It hurts when a client cancels, but I know that its a business and you can't make money without spending it. |
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Sugar
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Always get a receipt She can say it never happen and if you need to let your know anything make sure send it certified mail and make copies of it the love to screw people |
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Genki
 |
Ask her to justify her expenses, including receipts.
Negotiate with her.
If you cannot come to a reasonable settlement, request mediation by the real estate association (don't worry-- they will be fair).
Ignore her and let her sue you in small claims court. The judge will probably want to see receipts, just like anyone would. |
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