Legal Question in Real Estate Law in New York
Real Estate Agent
In April of 08 we hired an agent, after numerous mistakes by the agent and declining market we decide to take our home off the market, we advised our agent that their services were no longer needed, we finished out the contract and advised of our unhappy experience with them. It is now Dec. 2008 and our home is still on their site and others as being for sale, we made several attempts to them to have it removed from the mls but they have yet to comply, what can be done?
1 Answer from Attorneys
Re: Real Estate Agent
To help you, I would need to know when your listing agreement expired. It is unlikely that your home is still on the MLS as for sale. Most modern day MLS are computer based and automatically remove the listing upon expiration of the listing agreement. However, the listing may still appear on the MLS as "expired" or "off market" or something similar. Also, most websites that advertise homes for sale, pull the information directly from the MLS, so when a home goes off market on MLS, it also goes off market on the other websites.
You should take a couple of steps:
1. Write a letter demanding that your broker stop advertising your home for sale.
2. Include in the letter every website you see your property as advertised for sale.
3. Send the letter by certified mail, return receipt requested.
4. Contact (preferably in writing) the webmaster of every website your home is advertised on and demand that your home be removed from their site.
If you get no satisfaction after following the above steps, you should hire a lawyer and have the lawyer contact the broker.
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