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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3614
Experience:  25 years of experience in general practice, real estate law and estate law.
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I live in CA and have 50 acres of farmland in IA that I want

Resolved Question:

I live in CA and have 50 acres of farmland in IA that I want to sell as commercial land. I have had a verbal agreement with a real estate agent there (who was a high-school friend) to sell my property. This was nine years ago--and although we communicate about 4 times a year--no offers were ever forthcoming.

In 2010 the business next to my property contacted me by phone to ask if I'd be willing to sell them a few acres. They were surprised to learn that it had been for sale for a number of years, as there was no local record of it. I told them to call my real estate agent (there are only 3 in this small farming community), and she concluded the sale for me and had me sign a contract with her after the fact!

She has a website, but my property has not been on it for the last two years that I've known the website to exist. Other farms, bare ground, and commercial properties etc. are listed--but not my property.

She has mentioned several times that her son would be interested in renting or buying the ground for farming, but of course that doesn't bring much money.

I have been searching regional and national websites for farmland real estate and have found a fairly local company and would like to go with them.

Do I need to somehow "fire" my so-called agent before I sign with someone else? Is there a form? should I write a letter and have it notarized and sent by return signature?

Thanks very much for your help!

Kris
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Hello and thank you for your question.

Did you ever sign a listing agreement with the Realtor? Agreements to list real property need to be in writing to be enforceable.

Customer: replied 1 year ago.

Once in 2010 after the sale, and the next year 2011 (because it was still fresh in her mind), and that was for one year only.


 


I forgot to say that I have asked her several times why my property does not appear on her website--thinking she had it listed on regional or national sites--and I asked her to send me a link to those URLs, but she has never responded to those questions or requests.


 


In April I said I wanted to do an auction in August or September and she replied that she couldn't recommend that because of capital gains. duh!! This is inherited property and have already gone over that with my accountant....

Expert:  Attyadvisor replied 1 year ago.

Is this property in California or Iowa? I will send you a form to use to terminate the agreement. You may want to file a complaint against the realtor.

Customer: replied 1 year ago.

I live in CA and own 50 acres of inherited farmland in IA.

Expert:  Attyadvisor replied 1 year ago.
If this person is a licensed agent she will have a form for you to sign. In the absence of a form you can use the following form.

http://www.uslegalforms.com/us/US-00048DR.htm

Listing agreements are required to be in writing with a set duration. It does not sound as though this agent has done anything on your behalf or in your best interests.

Would you consider filing a complaint with the Iowa real estate licensing board?

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3614
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

why does this form cost $30? Isn't there a free one available?

Expert:  Attyadvisor replied 1 year ago.

Yes, Realtors have forms for these cancellations as well.

TERMINATION OF LISTING AGREEMENT

This agreement entered into this ___________________ day of ____________

2013, by and between the parties _______________________ (Seller) and

______________________________ (Realtor) for the listing of the property located at

__________________________________________________________________

The parties entered into the listing agreement in the _____________ day of _______

20__.

The listing agreement between the parties is hereby cancelled effective immediately. All obligations of the parties are hereby terminated.

___________________ ___________________

Seller Listing Agent

This is a link for the Iowa Professional Licensing Bureau http://www.iowa.gov/government/com/prof/sales/home.html

I don't think you need to provide anything to this person as you have never had a proper agreement.

Customer: replied 1 year ago.

Thank you very much!

Expert:  Attyadvisor replied 1 year ago.
I am very disturbed by the actions on the part of your agent. Nothing that was done was in your best interests.

Please feel free to ask me any additional questions that you may have with regard to this matter.

Thank you for using JA!
Expert:  Attyadvisor replied 1 year ago.
Thank you.

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