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Old 11-03-2007, 12:04 AM
blindlion blindlion is offline
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Dispute with Real estate agent?

This is part of my contract which related with my Question.

2. Period of agreement: This agreement shall be effective from 07/07/07 and shall expire at midnight on 11/06/07.

Owner agrees that if, at any time during this agency Owner determines not to sell the Property, then Owner will promptly reimburse Agent for all the costs.

Referred to paragraph 2, If “Owner” terminates Exclusive Agreement, prior to expiration, by reason of negligence, only then “company” would absorb marketing and advertising costs.

4. Advertisement: Owner agrees that Agent may undertake routine advertisements of the Property at Agent’s own expense without prior approval. If Owner and Agent agree, however, Agent shall also implement special advertisement of the Property at Owner’s expense in an agreed upon manner

I changed my mind and decided to keep it and asked her to take my property off from the market (MLS). However she still hold my list and ask money.
How can I resolve this dispute?
She is asking me about $2000 for AD cost without receipts. She is the owner of this small firm.
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Old 11-03-2007, 12:05 AM
rlloydevans rlloydevans is offline
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Go into the office and ask to see the supervising Broker. This is either the owner or senior real estate agent incharge of overseeing the operation of the office.

By the terms of the agreement, you are liable to reimburse the agent for any "marketing costs" made for your property. However, most managers realize that keeping an unhappy seller listed is very bad business.

So go in, be firm, let them know that you aren't in a position to sell now, but if you are treated right, when you are ready to sell you will do it with them. The manager probably will make the problem go away.

If there is no satisfaction coming, then let them know that, of course, if you are not treated right, they can keep the property listed, but you won't sell for anything but an all cash, full price offer with buyer paying all costs, and when you are ready to sell, you will do it with a company that will be more interested in providing service to their clients instead of trying to squeeze every last cent out of them.

My guess is they will terminate the listing agreement.
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Old 11-12-2007, 07:51 PM
remadeeasy remadeeasy is offline
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May I ask why you have decided not to sell now? If you could provide a good reason why you didn't want to sell now and maybe offer to go half and half on the ad cost then maybe this problem will go away. Real Estate as you may know is all about negotiation. One thing agents are afraid of is that some seller and by no means not all but few sellers do existing out there that want free services. So they get an agent to prep the house for the market, advertised the property with their out of pocket money and maybe bring few potentia buyers through the house and now let say a potentia buyer come by the property and ask the seller to dump the agent so the seller can save the agent's commission. so you see the potential for abuse? Most agent are ethical and reasonable so I am sure if your agent is one of the ethical and reasonable ones then you should not have any problem resolving this equitably.
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Old 11-12-2007, 08:30 PM
Jon Jon is offline
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Humm seems very clear.
"Owner agrees that if, at any time during this agency Owner determines not to sell the Property, then Owner will promptly reimburse Agent for all the costs."

Write the check...
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