Unauthorized Pocket Listing???
I signed a listing agreement with xyz realty, the agent promised to market my property online, on the mls and through his office and investors he knows. First of all, I never receive any copies of what I signed. The description of the property stated furniture include, which was a lie, he called it clever puffing, which in most states is illegal, the rest of it made no sense and I asked him several times to change it but he didn't. I get an offer from Mr Smith and we came to an agreement on the price but then after 3 days, Mr Smith never opens escrow so.. null and void contract, Then 2 other "so called contracts" come in then are withdrawn right away during this week. Now my agent calls me with a much lower offer but is selling this investor to me really hard!! "They are only interested in you community", "they never offer more than 106 for this area", its a really good deal" he advises me to take this offer maybe counter with them paying all fees which would be the same as 108, I'm trusting my agent that he has my back so I agree. Then he sends the paperwork over and its Mr Smith, the guy who offered more the week before, but my agent never mentions in the discussions that its Mr Smith. If I were the agent the first words I would have said would be "Mr. Smith is giving you a lower offer this week", but he said nothing!!! I see it on the paperwork it's Mr Smith and now I'm livid. Now I"m starting to feel like I'm getting played. I then ask my agent for the "agents version" of my listing from the mls, which he only sends me a partial screen shot! I look over the listing and in the body of it, he tells agents to send all offers to a different realty company, not xyz realty. It also says "back on the Market" when it never was taken off the market or it shouldn't have been taken off. Then two days later, a different agent calls to show the place and the agent tells me that it's only been on the MLS for 3 days, not 3 weeks when I listed it with him!!. Something is really wrong here!! I've been a realtor in NJ for 25 years and I would never do the things this guy is doing. I think he kept it as a pocket listing (without my permission) and he and Mr Smith might be partners for all I know but he certainly had no right not listing my property on the MLS and wasting 3 weeks of prime selling time that I will never get back. On Trulia it states my property is "off market", My agent said must be a glitch, just like the BOM on my listing. I contacted his broker and now I see why my agent can get away with his actions because the broker never got back to me even though he assured me he would. Pretty sure I should be able to get my listing away from them but do I have any other recourse with these unethical people for my aggravation and loss of time???