Legal Question in Real Estate Law in Illinois

Problem with Realtor

I have a contract w/a realtor, expires in December. Recently someone approached me regarding selling our home. I encouraged them to contact our realtor and gave phone #. This person had contacted realtor, said they were rude & that they insisted this person use their financing contacts. This person already has financing through their own bank. So our realtor refused to deal with them. What legal recourse do we have, if any? Also have a 180 day clause in contract after it has ended.


Asked on 11/10/08, 3:45 pm

2 Answers from Attorneys

Walter Palmer Law Office of Walter Palmer

Re: Problem with Realtor

Read your contract and see what it says about cancellation. My guess is that in the current market they are going to be sticky about letting you cancel, especially if it seems there is a buyer. Otherwise, you can wait until the contract expires.

I don't know what you mean by a "180 day" clause. Does that mean you owe them a commission if the house sells within 180 days of the listing contract ending? If so, I urge you to read the listing contract more carefully next time.

I would advise the buyer to talk to a lawyer about this - they are on shaky ground when they insist on a particular lender. The buyer might also contact the local BBB, Realtor's association, or the State of Illinois for help. If that route is successful, expect the realtor to demand a higher commission to make up for the loss of their kick, er, finder's fee.

This is why people hire lawyers when they buy or sell a house. Before they sign a listing contract with realtor.

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Answered on 11/10/08, 4:27 pm
Thomas Moens Moens Law Offices, Chartered

Re: Problem with Realtor

I would suggest have a serious discussion with your agent's broker, and if that is unsuccessful, filing a complaint with the local board of Realtors and the Illinois Department of Financial and Professional Regulation. Agents like this should not be able to keep their licenses. You should discuss this with your attorney, and if you are in one of those lovely communities where your real estate agent tells you that you don't need an attorney, hire one anyway. You need an attorney on your side.

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Answered on 11/14/08, 4:13 pm


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