Legal Question in Real Estate Law in Illinois

Hello. I am wondering if there is any recourse for someone who has entered into a contract with a real estate agency, giving them exclusive rights to market the property, and agreeing to pay them one month's rent. We have been extremely disappointed with the lack of communication from the agency, and just learned today, over two weeks after our property was initially listed, that it was mistakenly labeled as a townhouse when it is a condo, so now we have missed potential renters searching for a condo. I feel like we shouldn't have to pay them for such poor service, as we are in a hurry to get our condo rented (within the next two weeks).


Asked on 7/17/17, 3:40 pm

1 Answer from Attorneys
Stephen Messutta

Have an attorney review the actual listing agreement. If the agent erred listing it as a townhome rather than as a condo, that may be (no guaranty) reason to terminate for cause, but many listing agreements skirt these points giving the agent time to correct, or if the agent isn't 100% may try to blame you for the misinformation. Also, many agreements say that if it is terminated you may still owe a commission during a "protection period" if you rent to someone they have showed the unit to, unless you engage another agent; but your agreement may not or may say something else. But since you're short on time, you may want to try to physically show up at the listing office, complain, and see if they'll just release you if you re-up with another broker, and if they don't then say you'll be seeing your lawyer - at that point they may not the headache.

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Answered on 7/19/17, 10:31 am


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