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Unethical Realtor?

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peggyje1

Junior Member
What is the name of your state? California.

Since signing with the park realtor on Jan. 23 to sell my P.U.D. (converted mobile home park), they have done NOTHING to advertise it. They lie and say they have, then are forced to admit they haven't when pressed for proof. Also, they are just "sending people by" my place. Some just stop and park, and unattended, get out and walk around it, placing me in jeopardy of liability, and opening my shed. The head guy just had a serious stroke, so they don't expect him back soon. Instead of selling my house on its own merits, he tries to talk people into tearing it out and replacing it with a new, expensive manufactured home.

To my mind and knowledge of contract law, there are all sorts of ethics violations and contract breaches, here. Can anyone confirm this and advise me in what to do next? For one thing, if by some magic it should sell, is the 6% sellers fee negotiable at this point? It's been 3 months, now, with no activity whatsoever.

Thanks for any help you can render! :)
 
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JETX

Senior Member
peggyje1 said:
For one thing, if by some magic it should sell, is the 6% sellers fee negotiable at this point? It's been 3 months, now, with no activity whatsoever.
Bottom line... you don't like your listing agent and don't feel that he/she is doing enough. Very common complaint.
Nothing you have described is sufficient for an 'ethics' finding by your state real estate licensing agency.
Your only options are:
1) Read your listing agreement and see if there is a provision for termination (unlikely),
2) Wait until your listing agreement ends then sign with another.
 

BradleyS

Member
Well, here's the Law.......If they are not promoting the sale of the property......I would think they are not following the Real Estate Law in California.


CA Law on Listing.....look at (d)

http://www.dre.ca.gov/relaw_pdf/Relaw.pdf


“Listing”
10027. The term “listing” as used in this part includes, but is not limited to:
(a) The name or a list of the names, of the owners, landlords, exchangers, or lessors, or the location or locations, of property, or of an interest in property, offered for rent, sale, lease, or exchange.
(b) The name, or a list of the names, or the location or locations at which prospective or potential purchasers, buyers, lessees, tenants or exchangers of property may be found or contacted.
(c) An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of such property any services, to promote the sale or lease of said property.
(d) An agreement by which a person who is engaged in the business of finding, locating or promoting the sale or lease of business opportunities or real estate, agrees to circularize, notify or refer real estate brokers or salesmen to said property which is offered for sale or lease.
 

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