Legal Question in Real Estate Law in Florida

Realtor refused to give my contract to seller

This is a long story, so I am just putting the most pertinent facts.

I approached an owner about selling me his house. We agreed on the price and some other general terms. The house wasn't listed with ANY agent at that time. The owner decided to use an agent. He had me contact the agent. He knew what the owner and I had discussed for pricing and terms. I got a buyer's agent. The owners agent called me and said: ''I have no incentive to work with you or sell you this house if you use any agent other than myself''. He said that we could meet and sign a contract at 3pm yestrday. I sent my agent to his office a little after 2pm, with a contract for the price, the owner and I had discussed.

Later that night he listed the house in MLS at the exact price, I offered him. Today he put up a 4sale sign. Later today he informed my agent that he had decided to send the owner another contract.

There is no way anyone could have given a contract before me. The house just went on the market today and the owner had not discussed the sale with anyone but me.

What are my options?


Asked on 8/07/03, 6:47 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Realtor refused to give my contract to seller

Call the seller to learn the seller's story. Based on the facts provided, it is odd that the seller would not have signed the proposed contract you submitted. Perhaps there are terms in your proposed contract that the seller is unhappy with. Communication is key. Find out what needs to be done to get a signed contract. Unless you get the deal in writing signed by seller and buyer, you have no deal, no matter what the seller and you talked about. If you have an agent, have him or her earn the commission by facilitating the process. If the seller's problem is having to pay your agent 3%, and you have no contract with your agent or legal obligation to pay the agent any fee, then you may have to consider cutting your agent out of the loop, assuming that is an issue with the seller. Good luck.

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Answered on 8/07/03, 9:32 pm


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