How to deal with unlawful realtor/broker?

**nobrain** · 06-23-2011, 10:45 AM

Hello all,
I am a new member and a first home seller. I need to find the right method to deal with unlawful realtor and broker. Below is a brief of my situation:
1) I signed a listing agreement contract with realtor. The listing period in the listing agreement is 9 months. The realtor told me, there is 9 months but I can cancel the contract any time if I am not happy with her services.
2) A day after signing the list agreement. I request her to modify the listing period to 90 days. That way, it makes more sense for me and the contract is easily extend if her services is good. She acts as a professionally realtor, she sent me an email+ addendum attachment. The email clearly stated her agreement to the 90days.
3) I am not happy with her services after 7 weeks. I request a cancelation.
4) She and her broker denied my request of cancelling. They claimed that their service is still valid and she sent me a copy of MLS listing (This is a first copy of MLS that I received from her) which shows the expiration is 9 months.
5) I requested her to correct the expiration date on MLS listing to 90 days as stated on addendum. She denied to so and no explanation. Her broker doesn’t response to my email.
6) I tried to file the complaint with Santa Clara County of Associates of realtor and I find out her broker is president of Santa Clara County of Associates of realtor.

My Questions:
1) Should I still file a complaint with Santa Clara County of Associates of Realtor? It will be against a broker who is a president of Santa Clara County of Associates of Realtor.
2) If Santa Clara County of Associates of Realtor could not resolve the issue then what should I do?
3) Who can control the MLS listing?

I could provide more detail information if you need.

Thank you for all inputs.

**Greg** · 06-24-2011, 06:50 AM

Don't waste your time with the association of realtors, go straight to the real estate commission for your state. They control agnets licenses.

But first, do you have the promise to cancel at any time in writing? How about the 90 day listing, is that in writing other than an email? It will take a signed addendum to change the listing contract.

Why are you canceling the listing? If there are interested buyers then the agent should not have to cancel the listing.

I will cancel my listings if the sellers are not happy but not if there are buyers who have become interested in the property. I am not going to do the work to procure a buyer and then hand the listing back to the seller so they can save the commission.

**nobrain** · 06-24-2011, 08:37 AM

Originally Posted by Greg

Don't waste your time with the association of realtors, go straight to the real estate commission for your state. They control agnets licenses.
[NB]- Thanks, I will search for estate commission in California.
But first, do you have the promise to cancel at any time in writing? How about the 90 day listing, is that in writing other than an email? It will take a signed addendum to change the listing contract.
[NB]- Realtor just verbal promise to the cancel anytime. 90 day of listing is in the addendum and she didn't ask me to sign. Should I sign it now and send it back to her?
Why are you canceling the listing? If there are interested buyers then the agent should not have to cancel the listing.
[NB] - She asked me to list the property at low price then she could use her tactic to drive the multiple offers to final price.
Yes, We got 2 offers at full price in first 24hours. She is dual agent (agent for both buyer and seller) for 1st buyer. Second offer was at same price as 1st offer. She asked me to counter offer the 1st offer. But the 1st buyer only increase $4000.00.
I'm upset and uncomfortable with her method and request her to take the property off the market and relist the property slicely above target price.
3 weeks after rising the listing price. She concludes the property can't sale at my expected price and asked me to lower the price below the comparision price to interest the buyer again. I don't accept her method and want to cancel and look for new listing agent.
The property was looked bad because it was ON/OFF in the market. My point of view, it is unfair for new listing agent.
I will cancel my listings if the sellers are not happy but not if there are buyers who have become interested in the property. I am not going to do the work to procure a buyer and then hand the listing back to the secan't sller so they can save the commission.
[NB]- "save commission" It is not a case. I never negotiate the commission with her. I'm OK when she asked 6% commission and I really need a professional who can make a smooth transaction with no frustration. There is 6% commission but buyer agent only get 2.5% commission.
I don't see how can I to save the commission? Only if the property is sale by owner.
Let me know if you need more info.

Thank you very much

Thank you very much

**Sarah Jane** · 07-02-2011, 09:00 PM

Originally Posted by Greg

Don't waste your time with the association of realtors, go straight to the real estate commission for your state. They control agnets licenses.

But first, do you have the promise to cancel at any time in writing? How about the 90 day listing, is that in writing other than an email? It will take a signed addendum to change the listing contract.

Why are you canceling the listing? If there are interested buyers then the agent should not have to cancel the listing.

I will cancel my listings if the sellers are not happy but not if there are buyers who have become interested in the property. I am not going to do the work to procure a buyer and then hand the listing back to the seller so they can save the commission.

I agree to this. Very prudent and right advice.

**nobrain** · 07-03-2011, 09:20 AM

Originally Posted by Sarah Jane

I agree to this. Very prudent and right advice.

It is very strange. I emailed them the addendum with my signature. I have been asked them to answer about the validation of addendum. They (Keller Williams Realty) never mention/answer anything about addendum, they just ignored it although I have been sent many requesting emails. NO ANSWER AT ALL.

I don't know what wrong with addendum? I can PM you the addendum and have you take a look.

I am preparing to file the complaint with California DRE and consumer fair.

**Greg** · 07-05-2011, 08:52 AM

The addendum is only valid if signed by the listing broker.

**James_alex** · 07-19-2011, 02:09 AM

Hello,

Thank you, this is just what i needed. I have a presentation that I am just now working on, and I have been trying to find such information.

**nobrain** · 07-19-2011, 06:47 AM

Originally Posted by James_alex

Hello,

Thank you, this is just what i needed. I have a presentation that I am just now working on, and I have been trying to find such information.

Above advised is good. After I send the signed addendum to realtor and let them know that I will file the claim with Real-estate state board. They call me after that and response to my request.