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Results 1 to 8 of 8
  1. #1
    fpmr96a is offline Renter
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    Aug 2008
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    Default Want to File Complaint to MLS

    I made an offer for a house 3 months ago, sold my house, moved into the marriot. While driving to the closing I received a call from the seller and he announced that he'd changed his mind and was choosing not to sell.

    His reasoning was that he'd not received mortgage committment for the house he wanted to buy and therefore was not leaving. He has serious credit problems and will not get a mortgage, having credit card liens and late mortgage payments.

    My lawyer recommended that I not waste my money suing him, saying I'd spend alot of money and likely not get anything back, as the guy doesn't have any money.

    I've lost thousands on this deal, and the seller is very smug about just blowing us off the way he did. In his mind, we should just live in the marriot until he gets a mortgage, which will never happen.

    We're moving on from him, but I am very concerned about the next suckers that come along. The property is FOR SALE BY OWNER and listed on ForSaleByOwner.com with a flat fee MLS listing.

    I would like to report him to MLS so that others are not victimized the way we were. Does anyone know the process to do so?

    Thanks,
    Andrew

  2. #2
    markbrian's Avatar
    markbrian is offline Home Owner
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    Default

    You have already consulted an attorney, follow his advice and learn from the experience. This is a fine example of why many buyers are so leary of FSBO. Expensive lesson and I am truly sorry. Rise above the temptation to do something on his level and move on, you are obviously a better person. I really doubt you can do anything about it with the MLS but it will not hurt to file a complaint IF it was listed when you went under contract. Again I am truly sorry and wish there was something I could suggest other than to consult another attorney, they might be more confident about their ability to resolve this in you favor.
    Mark Brian Silver Star Real Estate
    Upstate South Carolina Real Estate

  3. #3
    fpmr96a is offline Renter
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    Default

    Quote Originally Posted by markbrian View Post
    I really doubt you can do anything about it with the MLS but it will not hurt to file a complaint IF it was listed when you went under contract.
    It STILL IS LISTED with the MLS. He never changed the status to "under contract" or "under deposit" the entire time. Now, he intends to just leave the listing active. Another unsuspecting buyer will come along and get burned just like we did. He told us earlier that he'd had 3 prior deals fall apart. I can only imagine what happened.

    We'll do fine, as we sold our house when prices were higher a few months ago. Our money is in the bank as we watch the prices going downward. Not the worst position to be in.

    We're just upset that our dream house deal fell through after 3 wasted months and there's nothing on the market in our range that we like, in our town.

    As we approach the holiday season, I suppose the number of new listings will be minimal, so here we sit ... and wait ....

  4. #4
    jamesww's Avatar
    jamesww is offline Home Owner
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    Apr 2008
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    Houston, Texas
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    Default

    You will have better luck reporting the agency who listed the property in the MLS than you will by reporting the seller to the MLS. Even though the agency who listed the property in the MLS has a limited service contract they are still liable for the seller's actions. In fact you might try threatening to sue the agency telling them that you will drop the charges if they remove the seller's property. To report the agency just call the MLS with the MLS# of the property and tell them that you wish to report the agency then tell them your story. Make sure you focus on how poorly the agency handled their client.

  5. #5
    Join Date
    Sep 2008
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    Austin, TX
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    Default

    Call your state real estate commission and ask them what can be done. A call from them to the listing agent may have some influence.

  6. #6
    Greg is offline Moderator
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    Default

    The MLS can not do anything about the seller but they can do something about the agency. Go to the MLS and file a complaint against the agent and agency. A seller who can not sell should not be in the MLS.

  7. #7
    markbrian's Avatar
    markbrian is offline Home Owner
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    Default

    I think the advice to go to the MLS WILL accomplish something as far as the listing company is concerned. But I took it the question was how the burned buyer could go after the seller, not the agency that put the home on the MLS. All that may be accomplished is wasting time going after the agency, and it may not have the intended effect of "getting" the seller. But it is good advice to let the MLS know of the actions of one of their members. It is quite possible the listing agency violated some MLS rules or even state RE laws regarding agency disclosure or agency/client relationships.

    The agency may offer some compensation to get the burned buyer to drop the issue, but remember they already have an attorney on their side. If the original poster wants better results with this matter, they need representation. The rewards may not equal the costs of going after the seller or the agency. BUt consulting another attorney is a good idea, as is the other replies stating to file a formal complaint.

    This all boils down to carefully choosing a professional to represent you in any real estate transaction. If the poster had been represented, then it is quite possible a commission would have been due to the buyers agent. And the buyers agent would have then gone after the agency and the seller. Saving a commission is not always a true savings in time, money and aggravation.
    Mark Brian Silver Star Real Estate
    Upstate South Carolina Real Estate

  8. #8
    nwtconner is offline Fixer Upper
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    Oct 2008
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    Default similar issue

    i had a similar issue once apon a time and good luck with your endeavor.

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