Can my Realtor hold my family hostage for ransom?

[bsutterf]

Do I have a legitimate case?
In short, my family is in day 5 of a hostage crisis with my realty agent broker. They have made threats and have held us hostage for ransom. We have pleaded for them to give us back our home, but they insist on showing our house or face breach of contract with 1500 fee. We have evidence supporting two counts of failure to yield to client interest by threatening breach since Thursday when we notified our agent in good faith that we had family in town this weekend and would be unable to show our home. I have notified my broker to remove their keylock no later than today, as I do not trust my agent and my family is concerned that an unstable realtor has access to our home. I am ready to file my TREC complaint and plan to fully enforce my legal rights and would like to hold them accountable for the grief my family endured the last 5 days.

Texas Real Estate Commission states that broker's minimum duties require them to: "Put the interests of the client above all others, including the broker's own interest."

My interest is to no longer sell (or show) my home. My realtor insists that I must continue to show my home until our agreement ends on 10/31/2018 or pay $1500 penalty. I have been asking, since Thursday to not show my house, but neither my agent or broker will consent. Now, I don't trust my agent, and she has a keybox on my door, which I want removed. They don't want to comply with my request or my interests.

I feel wronged and angry. I want to know my rights.

 

[quincy]

Do I have a legitimate case?
In short, my family is in day 5 of a hostage crisis with my realty agent broker. They have made threats and have held us hostage for ransom. We have pleaded for them to give us back our home, but they insist on showing our house or face breach of contract with 1500 fee. We have evidence supporting two counts of failure to yield to client interest by threatening breach since Thursday when we notified our agent in good faith that we had family in town this weekend and would be unable to show our home. I have notified my broker to remove their keylock no later than today, as I do not trust my agent and my family is concerned that an unstable realtor has access to our home. I am ready to file my TREC complaint and plan to fully enforce my legal rights and would like to hold them accountable for the grief my family endured the last 5 days.

What is the name of your state? Laws vary in significant ways from state to state.

This appears to have nothing to do with defamation.

 

[Zigner]

This is not a case of being held "hostage", nor is it a case where "ransom" is involved.

Having said that, this forum is for US law matters only. Since you have failed to tell us the US state, we are only left with the assumption that this is not in the US.

 

[Just Blue]

Do I have a legitimate case?
In short, my family is in day 5 of a hostage crisis with my realty agent broker. They have made threats and have held us hostage for ransom. We have pleaded for them to give us back our home, but they insist on showing our house or face breach of contract with 1500 fee. We have evidence supporting two counts of failure to yield to client interest by threatening breach since Thursday when we notified our agent in good faith that we had family in town this weekend and would be unable to show our home. I have notified my broker to remove their keylock no later than today, as I do not trust my agent and my family is concerned that an unstable realtor has access to our home. I am ready to file my TREC complaint and plan to fully enforce my legal rights and would like to hold them accountable for the grief my family endured the last 5 days.

U.S Law Only. IF you are in the United States you need to list your state and post what is going on without the hyperbole.

 

[Zigner]

Despite what I said above, I suppose we could assume it's Texas, based upon the threat of a "TREC complaint".

ETA: I don't see a violation of any rules or laws. I suspect that it may behoove the OP to negotiate a settlement with the agent that releases them both from the contract.

 

[bsutterf]

What is the name of your state? Laws vary in significant ways from state to state.

This appears to have nothing to do with defamation.

Correct - no defamation, only grief and them breaking the law. I want them to remove their lock key. I am in Texas.

 

[Zigner]

Correct - no defamation, only grief and them breaking the law. I want them to remove their lock key. I am in Texas.

"Grief" is not a recognized cause of action in this type of matter, and I don't see that any law has been broken.

 

[Taxing Matters]

Correct - no defamation, only grief and them breaking the law. I want them to remove their lock key. I am in Texas.

I'm not seeing any violation of the law here. You signed a listing agreement with the real estate broker. A common provision of such listing agreements is that you commit to allow the broker to undertake efforts to sell the home for some specific period of time. If you cancel the agreement before that period of time is up, you may owe the broker a fee for breaking the contract. Apparently that fee in this case is $1,500. So in that instance you have a choice: continue with the contract and allow the realtor to show the house in an effort to sell it or cancel the contract and lose the $1,500. Nothing about that is holding your family "hostage" and that kind of exaggeration does not help you in resolving this.

 

[LdiJ]

I'm not seeing any violation of the law here. You signed a listing agreement with the real estate broker. A common provision of such listing agreements is that you commit to allow the broker to undertake efforts to sell the home for some specific period of time. If you cancel the agreement before that period of time is up, you may owe the broker a fee for breaking the contract. Apparently that fee in this case is $1,500. So in that instance you have a choice: continue with the contract and allow the realtor to show the house in an effort to sell it or cancel the contract and lose the $1,500. Nothing about that is holding your family "hostage" and that kind of exaggeration does not help you in resolving this.

While I agree with this, its a bit disturbing that the broker will not remove the lockbox and intends to continue to show or allow others to show the home when the OP has made it clear that its no longer acceptable. Yes, the OP may still be liable to the realtor for the cancelation fee, but the realtor insisting on continuing to access the home or allow others to access the home is disturbing.

If it were my home, I would spend the money to buy the necessary tool to cut the lockbox off. If I am liable for the cancelation fee it won't make any difference if I do that, and the worst case scenario is that I might have to reimburse the realtor for the cost of the lockbox. To me, that would be worth it.

 

[Zigner]

While I agree with this, its a bit disturbing that the broker will not remove the lockbox and intends to continue to show or allow others to show the home when the OP has made it clear that its no longer acceptable. Yes, the OP may still be liable to the realtor for the cancelation fee, but the realtor insisting on continuing to access the home or allow others to access the home is disturbing.

Huh? The real estate agent (not necessarily a Realtor) simply said that if they don't allow the showing, then they'll be in breach of the contract. I'm not so sure what's so disturbing about being insistent that the OP abide by the terms of the contract that was willingly entered in to.

If it were my home, I would spend the money to buy the necessary tool to cut the lockbox off. If I am liable for the cancelation fee it won't make any difference if I do that, and the worst case scenario is that I might have to reimburse the realtor for the cost of the lockbox. To me, that would be worth it.

In some cases, that could be considered a criminal act.

 

[quincy]

Correct - no defamation, only grief and them breaking the law. I want them to remove their lock key. I am in Texas.

Thank you for providing your state name. Your thread disappeared for awhile so I thought you deleted it.

You have the right to demand that the lockbox is removed from your house and you have the right to cancel the listing agreement you have with the realtor. The realtor should do both without question.

You have the right to sign a listing agreement with another realtor.

You have the right to decide you don't want to sell your house at all. You can take your house off the market.

Whether you are legally obligated to pay the realtor a commission or pay a penalty for canceling your listing agreement early depends on the terms of the contract you signed.

You might want to consult with a real estate attorney in your area for a review. The realtor appears to be acting unreasonably, based strictly on the facts as you have presented them here. I imagine if the realtor was asked, though, his outline of facts would differ from yours,

Good luck.

 

[LdiJ]

Huh? The real estate agent (not necessarily a Realtor) simply said that if they don't allow the showing, then they'll be in breach of the contract. I'm not so sure what's so disturbing about being insistent that the OP abide by the terms of the contract that was willingly entered in to.

In some cases, that could be considered a criminal act.

The OP has made it clear (or at least it seems to be such) that they no longer will accept strangers entering their home. That is of course a breach of the sales contract, but a realtor or real estate agency continuing to insist on themselves or strangers entering the home is an entirely different thing once its clear that the sales contract is breached.

In fact, the realtor or real estate agency could themselves be accused of a crime to continue to insist upon access.

 

[PayrollHRGuy]

Considering the outburst that is the OP I'm willing to bet that she was simply told there will be a $1500 fee and then she when nuts.

 

[Just Blue]

Considering the outburst that is the OP I'm willing to bet that she was simply told there will be a $1500 fee and then she when nuts.

Agreed. OP's family was "held hostage".

 

[Zigner]

The OP has made it clear (or at least it seems to be such) that they no longer will accept strangers entering their home. That is of course a breach of the sales contract, but a realtor or real estate agency continuing to insist on themselves or strangers entering the home is an entirely different thing once its clear that the sales contract is breached.

In fact, the realtor or real estate agency could themselves be accused of a crime to continue to insist upon access.

The OP clearly said they are insisting upon access, or they will be in breach and need to pay $1,500.00.

Here, let me quote it: "... they insist on showing our house or face breach of contract with 1500 fee."