Legal Question in Real Estate Law in Florida
having problems with realtor we are under contract with
In April I went through a forced relocation with work out of state. My husband and I put our house on the market to be sold with a widely known real estate agency. The listing agreement was signed for 6 months. The realtor doesnt communicate, is insulting, and has refused advice and even refused proof in writting information pertainent to our house being sold. We have contacted the broker, who has refused to talk to us also. I have requested that we recieve a new agent, no response. At this point I want out of my contract so that I can find someone who will buy my house for cash to avoid foreclosure. According to my listing agreement, they are wanting us to pay $500 and we still wont be able to sell the house until Sept 15th, which is the last day of the contract, in order to cancel the contract early. I have emails documenting communication between myself, my husband, and the realtor and broker, the last few requesting either a new agent, or an unconditional release from our contract. no response have been made. What are my options? We are also now needing to avoid forclosure due to having 2 monthly house payments. We need a solution fast and are not getting anywhere with the real estate firm. Please Help!
2 Answers from Attorneys
Re: having problems with realtor we are under contract with
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Since you are not getting responses from the broker you have two choices. One is to file a complaint with the Florida Real Estate Commission (FREC) in Orlando, Florida. This will open an administrative complaint against the firm and/or the salesperson and broker. It may bring sanctions against them but it is a timely procedure. All during this time your property will probably not be shown and therefore not sold.
Alternatively, you might wish to retain an attorney who can write a demand letter to the broker and salesperson requiring them to list the activities they have undertaken to show and sell your property. This might get them to start some activity. The attorney would most likely have better luck in negotiating a cancellation of the listing agreement with minimal penalties to you and no delay in selling through another firm. Although an attorney will charge a reasonable fee, it is far less expensive than carrying a mortgage on two houses or facing a foreclosure and the resultant damage to your credit report. Sometimes, saving money can be far more expensive than spending some where needed.
Scott R. Jay, Esq.
Re: having problems with realtor we are under contract with
File a complaint with the parent company of the agency and with the state licensing department and the attorney general for the state. If that doesn't help, you can contact me.
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