Question:

If our realtor does not uphold her duties do we have the right to be released from our contract?

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On July 14th we signed a listing agreement with our realtor. The first issue occurred when our house was not physically listed in the MLS until 7/29. It was also never advertised in our local HomeFinder. The second issue is that we had a house we were trying to buy and she had talked us out of putting in an offer, saying that it would take hours to draw up the offer and they would most likely not accept it. We later found out from the listing agent of the house that our realtor had been given information about the house that we had asked and she lied to us about. For example, the prevent us from putting an offer in she told us the listing agent had told her there were 4 liens on the property and he was unsure whether they would be the buyers responsibility. When we asked about the liens our agent advised us to get an attorney to look into them. We later found out the listing agent had provided our realtor with the exact type of liens AND the amounts AND indicated all liens would be satisfied by the seller with the sale of the house. The final issue, was that when a potential buyer's agent asked about our house for sale, our agent told their agent that it was "too nice of a house" for what they were looking for, even though it fit the guidelines of what they were looking for. Do these actions fall under "unprofessional conduct"? Should we be allowed a release, not a withdrawl of contract based on her actions? We never had a single person inquire on our home in a month and our only advertising was the sign on our lawn and being in the MLS from 7/29 until yesterday...

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  1. I only read the first two sentences - that she didn't list your house until the 29th! That alone is grounds to dismiss her.

    The fact that she lied about the liens issue is grounds for her license to be in violation.

    For her to tell potential buyers that your house is too nice for them is very unprofessional!

    The fact that she's not agressively advertising and holding open houses for your house means she's lazy and not doing her job!


  2. Sounds  like a lot of real crazy stuff, id fire the ******

  3. It sounds like you should definitely fire this agent, because you are paying her to advertise your house and she is not doing that.  I think your best bet is to contact a lawyer, inform him/her of everything this agent has done, her conduct, etc and get legal advice about your contract.  Make sure you have everything you need to back yourselves up when speaking to the lawyer (paper trail).  Good luck!  

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