Legal Question in Real Estate Law in Utah

Incompetent Listing Agent

Listed our rental home for sale, buyer failed to meet closing date requirements. Our listing agent, and buyers agent are in the same Real Estate office, Sellers Agent left on vacation 2 days prior to closing, assured everyone, everything was ok. Buyer did not qualify for lending, but past deadline for letter of denial. We agreed to carry a second lien, buyer now trying for new financing. Our agent will not return calls, has not kept us informed. Receptionist relays message to us that she is to busy to talk to us. If she has any news she will let us know. We want to know what is going on. Agent put up sold sign and stopped actively advertising our property with out our permission. What is our recourse? They say if the buyer can get financing somewhere, even though the listing is not active we are responsible for their 6 percent. Tell me what recourse we have, and how to implement it. I think a complaint should be made against these agents. Help please.


Asked on 9/03/03, 3:50 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Incompetent Listing Agent

Decide whether you want to continue to assist the buyer or cancel the sale and seek a new buyer. If you want to continue, then talk to the broker and ask for assistance and voice your complaints to the broker, not the agent. If you want to seek a new buyer, then write a letter of cancellation to the broker and ask for a release from the sales agreement and get a new agent. Call if you have questions.

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Answered on 9/03/03, 7:00 pm


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