Canceled Listing
I do foreclosures and real estate. I had a ? regarding a listing if anyone knows, it would help. Here's the situation.
Got a listing that was in foreclosure. Owner wanted to sell. We listed and then her son from out of town calls and says he's going to pay the arrears and refi in his name. So owner confirms and says to cancel listing (we had a 6 mos exclusive right to sell contract good till 12/11/04) We pull it from mls. One week later another agent has it listed and the son never paid the arrears. The new agent and I don't like eachother now, for obvious reasons. She says we canceled it from the mls, thus it canceled or voided our contract. I told her that may be true but we were lied to and told home owner wanted to refi and keep home. So we canceled listing under presumption they wanted to keep it. I told her we were defrauded and mislead. So who's right? I strongly believe she new the son and he did this to get the listing for the new agent.
That is where you file a complaint with the state realtors board in your area and let them look into it for you....
[addsig]
I'd send them an invoice for the services you provided - not necessarily the full comission you would have earned if you had actually completed the sale, but bill out your time at $30 to $45 per hour and list everything you can think of. Build up a reasonable (but maybe a little high) invoice and expect them to pay it.
If they don't then you should be fully prepared to sue them. If they used deceipt to get you to cancel the listing, then shame on them and they should be held responsible.
Thankyou very much for the help. I already have my complaint typed and ready to send to the Dept. of Real Estate.