My realtor sucks!!

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Author Message   whome Citizen Username: Whome Post Number: 41 Registered: 11-2004 Posted on Monday, March 6, 2006 - 12:01 pm:        I have a realtor who has been incompetent and so I have asked to be released from our listing agreement. We aren't even on speaking terms and she still refuses to release my listing. I have to take her to court to get out of it. Does anyone have ANY suggestions??   doulamomma Citizen Username: Doulamomma Post Number: 1156 Registered: 3-2002 Posted on Monday, March 6, 2006 - 12:25 pm:        I would speak with the managing realtor of her office and express your displeasure and ask what can be done about it - mention all the things you were told would be done for you & the ways this has not happened. I would also put this in writing to the realtor herself & copy the manager or vise versa. I might consider mentioning MOL & how you will feel honor bound to let the community know about the service you have (not) gotten, but in the nicest possible way of course. You did sign a contract but it's a mutual agreement - I would think the office would be interested in keeping you happy. I have heard of people taking their house off the market & then relisting once the period has lapsed, but this seems unfair if you need to sell your home. Good luck   ess Citizen Username: Ess Post Number: 1299 Registered: 11-2001 Posted on Monday, March 6, 2006 - 12:41 pm:        I, for one, would be interested to know who this realtor is, so I don't hire her to sell my house when the time comes. I realize the implications of doing naming someone in a public forum, however.   bak Supporter Username: Bak Post Number: 799 Registered: 5-2001 Posted on Monday, March 6, 2006 - 3:09 pm:        You must have retained a real estate attorney, no? Ask him or her.   BGS Citizen Username: Bgs Post Number: 688 Registered: 10-2003 Posted on Monday, March 6, 2006 - 3:10 pm:        Any good manager is going to want to do what is best for the reputation of her/his office. If your realtor is really not speaking to you and you have documented dates and times of your non-service, make sure that the manager knows this as well. I would not be so fast to mention MOL etc yet. You do not want management to come at you on the defensive.   whome Citizen Username: Whome Post Number: 42 Registered: 11-2004 Posted on Monday, March 6, 2006 - 4:08 pm:        I have spoke to her manager which also happens to be close friends with my realtor. So my complaining about my realtor falls on deaf ears. Although me realtor is a very nice person, she has failed to do everything I have asked and put misleading info on the internet and in the fliers regarding my house. My attorney said he could get us out of the listing agreement but it's going to have to be in court. Last thing I want to deal with when moving.   taam Citizen Username: Taam Post Number: 85 Registered: 1-2006 Posted on Monday, March 6, 2006 - 4:09 pm:        If you need a good one (after this mess is over) pl me. I have the best realtor on the planet...yes, planet!   Trent_Daddy Citizen Username: Tcedwards Post Number: 175 Registered: 6-2001 Posted on Monday, March 6, 2006 - 4:24 pm:        Ask you lawyer to send them a letter stating you wish to drop their selling relationship. The lawyer will most likely want to make the letter firm. I would guess they will not want to go to court over this. I don't think you agreed to poor presentation from the realtor. TD   Duncan Supporter Username: Duncanrogers Post Number: 5869 Registered: 12-2001 Posted on Monday, March 6, 2006 - 5:19 pm:        Leave MOL out of it. That helps no one at all and opens the door to harming people who are not in any way involved in your relationship with your realtor.   Elizabeth Citizen Username: Momof4peepers Post Number: 21 Registered: 12-2005 Posted on Monday, March 6, 2006 - 7:21 pm:        I know you're angry and frustrated with your agent. But before you risk getting yourself sued for naming said agent in a public forum, try to go back and detail everything not done by the agent and have your lawyer write up a letter. There is ALWAYS someone higher to go to. If you compain to the managing director and get no where because "they're friends", then go to the corporate office. If you have dates and facts, you can always complain to whichever agency handles licensing of real estate agents. Can you offer them a quit fee? Give them $1000 to just let you out of the contract? Good luck. Sorry you're going through this!   Kibbegirl Citizen Username: Kibbegirl Post Number: 401 Registered: 5-2003 Posted on Monday, March 6, 2006 - 7:32 pm:        I hope it isn't Nancy Gould because we just adore her!   doulamomma Citizen Username: Doulamomma Post Number: 1157 Registered: 3-2002 Posted on Monday, March 6, 2006 - 9:09 pm:        Hey folks, I said mention in the nicest way that you may feel compelled to tell anyone who will listen (and MOL is one way of doing that) about bad service if they don't rectify after being given the opportunity - I didn't say to post it on MOL - there's a difference - that's also not all I said, so maybe don't focus on that to the exclusion of all else. Oh - and if it's true and you can prove it, you can say it, but I understand the concern, perhaps, to leave the MOL folks out of it - still, people name names all the time on this forum & that's one of the things that makes it powerful...I believe realtors know this & wish to protect their reputations. Additionally, if it's a real estate attorney in town, they may be a bit concerned about creating a bad relationship with a realty office if they get frequent referrals for closings etc. from them - probably not the case here, and would certainly be unethical, but it's something to consider when doing deals in a small environment.   Jennifer Citizen Username: Jkohan Post Number: 63 Registered: 8-2005 Posted on Monday, March 6, 2006 - 10:06 pm:        Just be sure to ask for an "unconditional release" for withdrawl of your property listing. Otherwise you can withdraw your property but are bound to the original listing agreement until it expires...meaning you can't list with another agent until it expires. If you get an "unconditional release" you can do what you want.   whome Citizen Username: Whome Post Number: 43 Registered: 11-2004 Posted on Tuesday, March 7, 2006 - 8:40 am:        It is not Nancy Gould. And although I would love to say the agents name, I feel that I would be somehow lowering myself to her level. She isn't playing fair and I would like to take the high road on this. Going to court is the last thing I want. But I will have my lawyer send a letter to the office manager and to the corporate office. Great suggestion. Moving is stressful enough without the hassle of a nasty realtor.   Duncan Supporter Username: Duncanrogers Post Number: 5881 Registered: 12-2001 Posted on Tuesday, March 7, 2006 - 9:38 am:        I think the quit fee is the best choice after a nicely worded but firm letter from your attorney. Documentation is the key. If you have documented proof then you are in the jaybirds seat, as it were. Doula...you are right about the power of MOL. I guess its just the nonsense about legislating what can or cannot be posted and who is to be held to account for said posting that made me respond that way. Lord knows I had all the proof I needed in terms of photos and timelines and the like and I still got ripped something serious out here. Gun Shy and Trigger Happy   Kiba Citizen Username: Radical_kiba Post Number: 57 Registered: 12-2005 Posted on Tuesday, March 7, 2006 - 1:09 pm:        uughhh, court on top of moving? Ouch, i feel for ya. i dunno. Hit her with your car? (JUST KIDDING. PLEASE DON'T.) I really have no clue. Since you won't sink to her level, and talking to her and her supervisor does nothing, it seems that court is the only way to go, and just hope for a good outcome. best of luck! remember, karma will get her one day.   doulamomma Citizen Username: Doulamomma Post Number: 1163 Registered: 3-2002 Posted on Tuesday, March 7, 2006 - 1:38 pm:        I know what you mean Duncan...we had a somewhat similar (but less expensive & not IN our house, just outside) situation to yours...I thought about posting, but arrived at the same conclusion as Whome - didn't want to compromise myself in order for revenge (that's mostly why I would have been posting - I don't think the contractor I had a problem with frequently works in these parts - I did tell a neighbor who was planning to use them based on my having done so), but at the same time, local business people, realtors or contractors or whatever depend on word of mouth for their continued success - seems that we can remind them of that when need be. Am I a polly anna? I'm always amazed when people refuse to do the right thing in business (more so than in regular life), as doing so benefits them too in the big picture.   Ond Citizen Username: Ond Post Number: 81 Registered: 3-2004 Posted on Tuesday, March 7, 2006 - 1:49 pm:        Other suggestions: If the agent works for a large firm, complain to the parent company. Make sure you speak to the Broker (Broker of record.) Ask to see their "Broker's license" or for the license number. I'm pretty sure they must provide it. Make sure they know you want it to be able to file a complaint. If the broker is dead set on keeping the listing, demand a different agent. If the agent is providing false or misleading information about the house, the broker of record will definitely want to know. Three other places to place complaints: NJ Association of Realtors Better Business Bureau NJ Real Estate Commission   Bob K Supporter Username: Bobk Post Number: 10894 Registered: 5-2001 Posted on Tuesday, March 7, 2006 - 1:54 pm:        There are two sides to every story. Exactly what did the Realtor do to upset you. What kind of misleading information was put in the listing and brochures?   whome Citizen Username: Whome Post Number: 44 Registered: 11-2004 Posted on Wednesday, March 8, 2006 - 7:08 pm:        Bob you have a very good point. And I believe someone mentioned that I should be very careful about what I post. Therefore, I will document everything. So from here on out I will keep you posted on what is happening. I don't want to put online what has happened in the past b/c I don't have specific dates and times and quotes. I can tell you I did call my agent today at 4:00 and left a message on her voice mail asking if she still intended on showing the house this weekend. I have not heard back. And we do not have a sign saying the house will be shown this weekend. Thank you for all the support and advice. I really can use all the advice I can get.   Newneighbor Citizen Username: Newneighbor Post Number: 111 Registered: 3-2003 Posted on Saturday, March 11, 2006 - 11:03 pm:        In a way, I think it's unfair to post your displeasure and frustration with your realtor on MOL, get honest responses from people trying to help you out while getting others who are about to sell or soon to list their homes with a realtor and NOT NAME YOURS! I think that's what wonderful about MOL - to politely and I mean politely let others know to stay away from certain realtors so they too don't have the same experience. By the way, I agreed with the advice to go to the manager. I was hoping that would end the problem. Since it hasn't, I would go to the next level. Sounds like both need a swift kick in the ars. Good luck with the open house if you have it this weekend and with the sale!   BGS Citizen Username: Bgs Post Number: 724 Registered: 10-2003 Posted on Sunday, March 12, 2006 - 6:58 am:        Newneighbor...IMHO-as much as I would love to know the whole scoop and who I should probably stay away from when we are ready to sell, I am glad that Whome is currently taking the high road and documenting etc and not releasing the realtor's name. For Whome to so could very well be grounds for a slander lawsuit by said realtor. As Bobk said there are two sides to every story and in the heat of anger, posting a name could really have a sad outcome for Whome....   Newneighbor Citizen Username: Newneighbor Post Number: 112 Registered: 3-2003 Posted on Sunday, March 12, 2006 - 9:47 am:        I agree that MOL should not be used to slander anyone or to hurt anyone ever. I support MOL in using it to help others as it always has. Although at the same time, I would hate to see another family to use the same realtor and experience the same level of service (lack thereof) from both the realtor and the manager upon selling their home. It's a stressful enough time and we all know we aren't independently wealthy so when hundreds of thousands of dollars are at stake, I'd rather see people AVOID this realtor and find someone that is trustworthy and responsive. I definitely don't want to know the scoop or the story behind it. I'm just interested to know which realtors to stay away from when it comes time to choose someone to represent us. I don't find this much different than someone posting a thread about "Which realtor to use and which to stay away from". Postings like that happen all the time. People respond both positively and negatively about realtors, contractors, electricians, etc. When we have a bad experience or a positive experience with anyone that we hire, I'm always happy to share whether we would recommend them or not. That's what I think is so helpful about MOL that many other communities don't have...And I think that is what keeps the good contractors, realtors, etc. employed and the bad ones are weeded out.   Joan Supporter Username: Joancrystal Post Number: 7111 Registered: 5-2001 Posted on Sunday, March 12, 2006 - 10:50 am:        Whome: I think it is important to focus on what the real estate agent has or has not done to uphold her end of the contract you have with her. What has she done specifically which you consider to be a violation of said contract? What, if anything can be done, short of going to court, to resolve your problem? Have you tried sitting down with the realtor or manager and outlined the specific grievances you have regarding this transaction? If it turns out that there is a misunderstanding or some information one or the other of you is lacking, you might be able to salvage the relationship.   doulamomma Citizen Username: Doulamomma Post Number: 1212 Registered: 3-2002 Posted on Sunday, March 12, 2006 - 11:19 am:        Newneighnor - you could approach Whome on an individual level to gather more info if you are concerned...this may be a pattern for said realtor but it may be a one-time thing too.   Nancy S. Chu Citizen Username: Nancy_chu_remax Post Number: 2 Registered: 1-2006 Posted on Sunday, March 12, 2006 - 11:36 pm:        Hi guys - look, I'm a real estate agent in the area, but more importantly, I am a happy community member of Maplewood, and hopefully my two cents will help you. You have to go back and check on your original listing agreement with the agent - what did you sign? Was it an exclusive right to sell agreement for 6 months? If so, that is a sort of difficult contract to get out of - only because you basically sign the right to sell exclusively to one broker. Perhaps if you are not liking the agent, and yet you don't want to be sued to finish the contract, what you can try is asking the broker of record to kindly consider offering your current agent a title of transaction agent and introducing you to another agent in the office - this way, you don't get sued for not completing the contract, but you get a chance to find someone you are more comfortable working with. It might be a good compromise to keep things civil. If the broker is reasonable, they would try to make you, the client, happy. Of course, you do want to make sure, especially in the future, to get on paper exactly what services are to be provided to you by the agent - this way, you can actually see if they are fulfilling the contract. For instance, how much advertising are they going to do? How many open houses? What kind of marketing strategy are they using for your house? Do they offer a staging session for you so that you can help get your house ready to be shown? These are all things that a personable, intelligent, GOOD agent should be able to help you with. I think real estate is a weird industry, because you do better as a seller when you have not only a business relationship with your agent, but almost a congenial-not-quite-friendship. If you don't like them instinctually or trust them on a gut level, no matter how "rockstar" their reputation is, you probabably shouldn't use them. Anyway, I realize that my posting name pretty much gives away who I am and where I work - sorry about that - when I signed up for the message board, I didn't expect to find something I wanted to respond to that directly related to my job! Hope this offers an alternative you can live with - regardless, you need to report this agent to their local real estate board. If they hang their license in Essex County, they may belong to the West Essex Board of Realtors - WEBOR. You can't really report her for keeping your listing if you signed the agreement, but you can report him/her for unethical conduct - there are professional consequences.   galileo Citizen Username: Galileo Post Number: 223 Registered: 7-2001 Posted on Sunday, March 12, 2006 - 11:51 pm:        Nancy - If you want to advertise, e-mail Jamie Ross. I guess you're new to the board and real estate. There is a list of realtors who participate.   Nancy S. Chu Citizen Username: Nancy_chu_remax Post Number: 5 Registered: 1-2006 Posted on Monday, March 13, 2006 - 12:26 am:        I actually don't think my post was an ad for myself - when I created my handle a few months ago, I didn't realize it was going to post my whole name - I may have to change it just to feel a little more protected on this board. Why do they show your username - shouldn't that be something you only use to sign on? Also, I only function as a buyers' agent - I don't take listings, so there isn't much for me to gain by posting on this thread. I'd like to think my post is a reasonable response to the problem from the point of view of someone who bought in this town and didn't have a great experience with the agent who listed my house, and I know about the way these listings agreements work. I'd like to think that would make my reponse helpful. If you have something to say about my response, I would he happy to hear it.   BGS Citizen Username: Bgs Post Number: 730 Registered: 10-2003 Posted on Monday, March 13, 2006 - 7:02 am:        Nancy Chu- Thank you for a well thought out post with some very good information for whome.   eliz Supporter Username: Eliz Post Number: 1353 Registered: 5-2001 Posted on Monday, March 13, 2006 - 10:03 am:        There was nothing self promoting about your response - don't worry about it. Thanks for the info.   cecilia david Citizen Username: Ceciliadav569 Post Number: 9 Registered: 8-2005 Posted on Tuesday, March 14, 2006 - 3:42 pm:        It seems from a business standpoint that the management in a realestate office would not want the bad press so that he/she would release you without much. I agree that knowing the name and releasing it in this type of forum would benefit lots of homeowners in town. cecilia   whome Citizen Username: Whome Post Number: 45 Registered: 11-2004 Posted on Tuesday, March 14, 2006 - 3:58 pm:        Nancy thank you for your advice. It was very helpful. My agent's manager said she would take us to court before she would release the listing. Our lawyer is now going to get involved. So I really don't want to say too much until the dust settles. Hopefully they will be professional and let us all go our seperate ways in peace.   Handygirl Citizen Username: Handygirl Post Number: 609 Registered: 2-2004 Posted on Tuesday, March 14, 2006 - 4:21 pm:        Good luck whome. From the manager's response (i.e. that she would rather take you to court than release you) it doesn't sound like they have or will act in a professional manner. There is always hope though. Good luck. Given that this is a fairly emergent matter, if you have to go to court, you might be able to get a result relatively quickly. I have to say though, like others, I am curious as to what the realtor misrepresented/didn't do. You can't give us a hint???? Alright, I'll back off. It was worth a try though.