No Real Estate Contract

What is the name of your state? Michigan

My house was on the market from 9/04/02 through 11/20/02. I removed it from the market (the original contract was thru 1/31/04) and offered to pay the realtor any expenses she had incurred to that point. (Printing, etc). She never advertised the house in print, no open houses were scheduled, and there were no showings. She said fine, but asked if I would call her again if I decided to relist.

I decided to relist 3/21/2003 and reluctantly called her to relist. She suggested dropping the price from $699,000 to $649,000 to get some bites. I said ok. The sign was put up that same day, but I haven't heard from her since; there is no signed contract. Today, I have three people coming to see the house (NOT from her agency). I emailed her about a contract, but still haven't heard back.

My questions are, if one of these potential buyers makes an offer and I don't have a contract, what happens? What if this realtor writes a new contract and I don't like the terms? Since I don't have a contract, can I sell it on my own if I receive an offer? HELP!

[HomeGuru]

[quote]Originally posted by Fuzzbubba
[b]What is the name of your state? Michigan

My house was on the market from 9/04/02 through 11/20/02. I removed it from the market (the original contract was thru 1/31/04) and offered to pay the realtor any expenses she had incurred to that point. (Printing, etc). She never advertised the house in print, no open houses were scheduled, and there were no showings. She said fine, but asked if I would call her again if I decided to relist.

**A: do you have a written listing termination letter signed by the broker?
***********

I decided to relist 3/21/2003 and reluctantly called her to relist. She suggested dropping the price from $699,000 to $649,000 to get some bites. I said ok. The sign was put up that same day, but I haven't heard from her since; there is no signed contract. Today, I have three people coming to see the house (NOT from her agency). I emailed her about a contract, but still haven't heard back.

My questions are, if one of these potential buyers makes an offer and I don't have a contract, what happens?

**A: if you have no writen evidence of listing contract termination, then your contract is still in force.
***************

What if this realtor writes a new contract and I don't like the terms? Since I don't have a contract, can I sell it on my own if I receive an offer? HELP!

**A: why are you continuing to deal with an agent who does nothing and does not communicate with you. Take out your contract and read the default and termination provisions. Then send a certified rrr letter to the broker terminating the contract. Find a new agent. There are lots of them. And better ones.

[Souix]

Writer, you would also be required to sign a change form to drop the price.

Writer, I agree with H. Guru, get yourself a better realtor. Interview 3 and ask for references.


BTW, are you sure your listing expiration date is 1/31/04 and not 1/31/03? And just for your info, Open Houses do not sell houses, Open Houses sell Realtors. Open Houses are commonly done by new licensees that have no business. They use your home to attract buyers so they can help them buy something else besides your house. Just a little insider's tip.

Oops! Major typo... The original contract expired on 1/31/03 not 1/31/04. I did sign the original contract with the January 2003 expiration. When the house was taken off the market in November, I didn't get anything in writing stating that, but she took the sign down. The only reason I used her again was because I gave her my word that I would and I don't break promises... While I have no termination letter, I have the original contract expiring 1/2003.

Because of that date, do I need to read the fine print about terminating her as a realtor since there is really nothing in writing?

Thank you all for your help. This site is great!! And I will definitely interview three. The two potential buyers today were both very interested in the property.

[Souix]

Originally posted by Fuzzbubba
Oops! Major typo... The original contract expired on 1/31/03 not 1/31/04. I did sign the original contract with the January 2003 expiration. When the house was taken off the market in November, I didn't get anything in writing stating that, but she took the sign down. The only reason I used her again was because I gave her my word that I would and I don't break promises... While I have no termination letter, I have the original contract expiring 1/2003.


**When you took your house off the market in November you should have signed a termination agreement. If you did not, technically your home was still on the market until midnight of 1/31/03.

Because of that date, do I need to read the fine print about terminating her as a realtor since there is really nothing in writing?


**Read your listing agreement with regard to "Right To Compensation" because you may still owe a commission if you accept an offer so many days after the expiration date. It depends on how many days stated on the agreement. In our state if the seller relists with another company, then no brokerage fee is due to the previous broker, only the new broker, because no seller can be charged 2 brokerage fees.



Thank you all for your help. This site is great!! And I will definitely interview three. The two potential buyers today were both very interested in the property.

**Who showed your property, your agent or someone else? I am really surprised that your agent does not return your calls. You may want to contact her broker if you are having problems with her.

Thanks for all your help!

The two realtors who showed the house yesterday (the 3rd was a no-show) were from two different offices and neither was from my realtor's.

Unfortunately, I was stupid and tossed the original contract once it technically expired in January of this year. But, I think I remember reading something about selling it within 30 days of contract expiration to anyone who had looked at the house while she had it listed (which was no one).

Thanks!

[Souix]

Originally posted by Fuzzbubba
Thanks for all your help!

The two realtors who showed the house yesterday (the 3rd was a no-show) were from two different offices and neither was from my realtor's.


~It sounds like the home may be on the multiple listing and you need to have a signed current listing agreement to do that. Also you have that price reduction that you never signed for~



Unfortunately, I was stupid and tossed the original contract once it technically expired in January of this year. But, I think I remember reading something about selling it within 30 days of contract expiration to anyone who had looked at the house while she had it listed (which was no one).



~You are going to call the principal broker today and ask for the copy of your listing agreement aren't you? I suggest that you tell the broker you lost the old contract that expired on 1/31/03 and can't find the new one, because your agent is not communicating with you. If you can't get satisfaction with her broker than report her to your state regulatory board.~

Thanks!

[HomeGuru]

Writer, did you request a copy yet?

I emailed her and left a message on her machine. No response yet. In the email I told her I had not signed a contract and wondered how she could put it on the MLS as HER listing and with a price reduction I didn't sign for. If I haven't heard from her tomorrow, I'll find out who the office manager is. Thank you for all your advice and information, and I'll keep you posted!

[Souix]

Originally posted by Fuzzbubba
I emailed her and left a message on her machine. No response yet. In the email I told her I had not signed a contract and wondered how she could put it on the MLS as HER listing and with a price reduction I didn't sign for. If I haven't heard from her tomorrow, I'll find out who the office manager is. Thank you for all your advice and information, and I'll keep you posted!

**Not office manager, principal broker. Good Luck!

[HomeGuru]

Principal broker is correct.

Everything is settled. Thanks so much for all you help! This realtor is history..

[HomeGuru]

[quote]Originally posted by Fuzzbubba
[b]Everything is settled. Thanks so much for all you help! This realtor is history..

**A: please explain. Did you shoot the culprit?

[Souix]

Originally posted by Fuzzbubba
Everything is settled. Thanks so much for all you help! This realtor is history..

**Excellent job!! I'm glad you stood up for yourself.