Not sure what to do with this realtor?

24 Replies

I am not sure what to do looking for advice. I bought a house December 31, 2018 from a realtor in Indiana. The house was rehabbed and put back on the market with the same realtor on May 24, 2019. The house was shown 57 times with no offers. I asked my realtor to Have an open house I wanted it blasted on social media and an email sent to all local realtors that I would be taking offers over a certain amount, which was about $15,000 less than asking price of 79k. I want to make a big deal out of it was going be cooking hamburgers and hotdogs etc. etc. Basically she told me that she thought I lost faith in her ability to sell the house and she thought we should part ways. That was about a 12 days ago. I signed the mutual release send it back to her, she received it took her signs down and left me the key. I put the house on Facebook marketplace had approximately seven showings in one week. A young couple wanted to make an offer so they got a realtor to make the offer. Their realtor went into the MLS system and saw my had realtor never took her name off of this listing so he contacted her for another showing this morning. She allowed him to show it and they made an offer. now she wants her full commission even though I bought the couple to the deal and the only reason she was contacted was because she never took the listing out of her name. Is this a normal practice? Do I have any recourse in this situation or should I pay her the commission and be done with it?

It depends what you signed, but otherwise,  because that realtor's marketing did NOT locate those buyers, it was in fact your marketing, there would be no "procuring cause" which is sort of the magic word for if a previous realtor's efforts are responsible for finding your buyer.

However your contract may have some sort of stipulation that if you find a buyer within X time, she is entitled. Look it over and see what it, and the release agreement, says. 

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Agreed, if you signed a mutual release, it sounds like a legal agreement to part ways was in place.  Good luck!

Originally posted by @Brian Rowles :

@Jay Hinrichs she is her own broker. :(

OK again if you think your right then its a complaint to the real estate commission in the state and a written complaint to the MLS system and the board.. I suspect she wont fight for a whopping 1500 dollar commish over this.

I generally agree with the above. Your contract language will dictate, but if a release was signed it usually cancels the contract. No contract, no agreement to pay anything to anyone (I would still pay the buyers agent though because they did bring their buyer).... How did she let them view the property? I would ask who authorized entry to the premises? I track everyone going in and out of a clients house for numerous reasons. 

Originally posted by @Mike Cumbie :

I generally agree with the above. Your contract language will dictate, but if a release was signed it usually cancels the contract. No contract, no agreement to pay anything to anyone (I would still pay the buyers agent though because they did bring their buyer).... How did she let them view the property? I would ask who authorized entry to the premises? I track everyone going in and out of a clients house for numerous reasons. 

our smart lock box's let you know instantly who opened up the box.. 

@Brian Rowles if you both signed a mutual release your contract with her is dead. If she wants to press the issue file a complaint with the (in Ohio it would be department of commerce, division of real estate). She is in violation for not changing the status of the listing on the MLS.

You have the signed release so you're out of the deal and you can show proof that you procured the buyer. Make sure there's a paper trail of the entire line of communication and you'll be fine. As long as everything checks out you can speak to her broker about it. 

Chances are speaking to her would just be moot as she's just going to argue for her commission. Might be a good idea to have your attorney review this also. 

@Brian Rowles she’s a pain in the a** and she sucks, mind as well find a better job if the owner could sell the house after a week and she didnt get an offer for her long show, some people are just not meant to be realtors

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I want to say thank you for all the Comments and suggestions. I do plan on giving the buyers realtor his 3%. And I am going offer my realtor 1%. 

To answer the question On how she was able to let the realtor in the house, I had put a lock box on the door  the day we signed the mutual release, she told me she had previous clients that wanted to look at the house that day so I gave her my lockbox number.  

It sounds like you’ve worked out a solution.

Nobody asked, but did the agent sign the release as well? Unfortunately if you were the only one to sign the release, it isn’t enforceable.

@Brian Rowles Once you signed the release, she is obligated to take it off the market and can not continue to show the property. She is in violation of MLS and the code of ethics. I would contact her board and file a complaint!

Why are you offering her anything. She didn't have authorization to allow someone to see your property after you both signed the release. YOU found the buyer. Give yourself that giftcard for doing what the agent couldn't lol

1. She probably thought cooking hot dogs and hamburgers at a open house was a little tacky and didn’t want to be associated with it.

2. You owe her nothing.

@Brian Rowles Don't offer her anything. By offering anything you're weakening your position, giving the appearance of being at fault. Speak to the buyer/buyer's agent on how exactly they found the property. If it was indeed a Facebook Marketplace, and they would testify to that, you're in the clear. The only case where she would be owed a commission is if the couple/agent viewed the house while the agent was under contract. Whomever produced the buyer is owed the commission.

At first I was thinking she deserves it because of the protection period in the listing agreement, but that's only if it doesn't sell before the listing agreement expires. That's how it is in TX at least, but if she signed a release terminating the agency than she might have to pound sand