Agent won't remove listing after contact has expired...

[lazyxander]

I had a 6 month listing with a local real estate agent. It expired in late Feb without sale and I decided not to extend the contract but to seek another agent elsewhere. In late March I contacted the original agent to inform him my listing was still on his website and I wanted it removed immediately. Since then I have contacted him twice more by phone and e-mail and the images/listing are still on his site.

Legally, what is he in violation of? I want to send him a letter this week informing him clearly that we are no longer under contract and he is advertising my property without authrization. In legal terms though what is he doing wrong - what should I tell him that will get his attention?

The property is located in NY and I have been dealing directly with the owner of the agency.

Thank you in advance.

 

[I AM ALWAYS LIABLE]

I had a 6 month listing with a local real estate agent. It expired in late Feb without sale and I decided not to extend the contract but to seek another agent elsewhere. In late March I contacted the original agent to inform him my listing was still on his website and I wanted it removed immediately. Since then I have contacted him twice more by phone and e-mail and the images/listing are still on his site.

Legally, what is he in violation of? I want to send him a letter this week informing him clearly that we are no longer under contract and he is advertising my property without authrization. In legal terms though what is he doing wrong - what should I tell him that will get his attention?

The property is located in NY and I have been dealing directly with the owner of the agency.

Thank you in advance.

My response:

You're trying to communicate with the wrong people. You should be filing a complaint with your State Board of Realtors. They will take action on your behalf.

IAAL

 

[JETX]

Actually, I see nothing wrong with the 'old' agent continuing the listing on their site. In fact, you should be grateful for the FREE listing. It is likely that another agent will be steered to you due to the listing.... then when the property sells, you won't have to pay the 'listing' agent since that contract has expired.
I would suggest though that you send him a letter confirming that the listing contract has expired and that, if the property does sell, you do NOT owe him a commission.

 

[HomeGuru]

Actually, I see nothing wrong with the 'old' agent continuing the listing on their site.


**A: I respectfully disagree. The old broker does not have a listing contract and does not have consent and approval to market the property via his website. Therefore he is in violation of the Realtor Standards of Practice and Code of Ethics, as well as the NY state real estate licensing regulations.

 

[JETX]

HG, I agree with you that he would be in violation. But in a practical sense, the agent providing a FREE listing to the writer would be a benefit. Personally, I would LOVE to have a free MLS listing by an agent. The best deal I have found with a realtor friend is a 1% listing commission for the MLS placement.

 

[HomeGuru]

HG, I agree with you that he would be in violation.

**A: ok, since the listing on the website would be tantamount to the agent putting his real estate sign in the yard of the property that he has no listing contract on.
*********


But in a practical sense, the agent providing a FREE listing to the writer would be a benefit. Personally, I would LOVE to have a free MLS listing by an agent. The best deal I have found with a realtor friend is a 1% listing commission for the MLS placement.

**A: MLS is free with most of the flat fee brokerage companies such as Help U Sell, Assist 2 Sell etc, where there is no % commission but rather a flat fee such as $3500.

 

[JETX]

Gee, 1% of $200k or $3500?? Which would YOU choose??

 

[lazyxander]

Thanks for all the replies...I definately want the listing removed as I had some problems with this agent. Also, prices have rised since I had listed with the old agent and I have the new listing at a higher price so I don't want any buyers seeing the old price.

I am going to use "Realtor Standards of Practice and Code of Ethics, as well as the NY state real estate licensing regulations" to 'threaten' him.

best rgds.

 

[JETX]

Okay, then. Go get 'em and make them remove the listing!!

 

[HomeGuru]

Yes, make them pay by forcing them to answer to the proper authorities.

 

[nextwife]

What is the name of your state?

If they are MLS brokers, and the property is relisted through a different MLS broker, I believe broker 1 is still allowed to try to sell it via MLS, as long as they do not represent that THEY are the listing company.

Several large RE firms here have search engines on THEIR websites that pull up ALL MLS listings that match a given search, including those listed with other firms. They have an cooperative agreement, via MLS, that basically gives them the right to try to sell any MLS listed home. So they DO list homes they do not have listed on their websites all the time. AS a matter of fact, I don't think there is a way to disable a particular home from showing up in such a search.

 

[Bigfoot]

To followup with nextwife and Jetx, the former listing agent may be now trying to offer services to others as a buyer's agent. All the agent has to do is change the price and other particulars. Once another listing agent is secured, that agent should be provided with a copy of the letter indicating that the former agent's representation has ended.

The former agent may not, however, be a member of the Association of Realtors, so it may be better to first pursue action through the broker-in-charge and if no results there, the State's Real Estate Commission.

 

[HomeGuru]

What is the name of your state?

If they are MLS brokers, and the property is relisted through a different MLS broker, I believe broker 1 is still allowed to try to sell it via MLS, as long as they do not represent that THEY are the listing company.

**A: no, incorrect. Without a signed listing contract and express written authorization from the property owner to advertise in MLS, the broker is prohibited from marketing the property period; this includes MLS, company/personal websites, yard signs, print and other forms of electronic media etc.
************

Several large RE firms here have search engines on THEIR websites that pull up ALL MLS listings that match a given search, including those listed with other firms. They have an cooperative agreement, via MLS, that basically gives them the right to try to sell any MLS listed home. So they DO list homes they do not have listed on their websites all the time. AS a matter of fact, I don't think there is a way to disable a particular home from showing up in such a search.

**A: yes there is, believe me there is.

 

[HomeGuru]

To followup with nextwife and Jetx, the former listing agent may be now trying to offer services to others as a buyer's agent. All the agent has to do is change the price and other particulars.

**A: incorrect. The agent has no authorization to market the subject property even if the price and particulars were changed.
*********
Once another listing agent is secured, that agent should be provided with a copy of the letter indicating that the former agent's representation has ended.

**A: good idea.
********
The former agent may not, however, be a member of the Association of Realtors, so it may be better to first pursue action through the broker-in-charge and if no results there, the State's Real Estate Commission.

**A: what does not holding membership in the Realtor Association have to do with this? Even a non-Realtor member would be held to the same standards as Realtors. Numerous court cases have already adjudicated this.