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Tax, SDIRAs & Cost Segregation

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Patricio Tellez-Giron
  • Investor
  • Westlake, OH
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Can I sue my listing broker? Do I stand a chance?

Patricio Tellez-Giron
  • Investor
  • Westlake, OH
Posted Sep 29 2015, 11:42

Hello BP,

I have a big problem with the listing broker on one of my properties in Las Vegas, NV. I normally list my flips with the same broker that got me the property... I am just realizing it might've been a big mistake, instead of using the ones I already now and work just fine.

So I've had a listing for almost two months now and the broker, who assigned a new agent,  not only has not produced anything, nothing at all, but haven't even showed the property. The only people the have taken are agents from their same brokerage. 

The weekend when the NFL regular season started, the agent called me to let me know they were canceling the open house we had scheduled even when I told him I had people going that day. 

Furthermore, the agent completely abandoned the listing when I refused to have weekly price cuts instead of a bigger price cut after the listing hit 60 DOM.

Now I've decided I'll do a cash out refinance and spoke to the broker, she told she would let the agent know and to contact him to get the parcial release. Its been 3 days and he keeps telling me he lost his ear, that he can't talk to me and that I have to talk to the broker, she's the boss. Obviously she is not picking the phone either. They don't seem to have any intention of releasing the property even when I agreed to a 20% referral for them.

So, I don't know what game they are playing, if they want to mess with me or tire me or what.

I signed an exclusive listing agreement until December but I don't want to wait that long to get people through the door and I really feel there has to be something I can do. I don't mind hiring an attorney and fighting for my listing, although it might do more harm than good at this point.. Any thoughts or advice?

Any good real estate lawyer around? 

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