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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5651
Experience:  28 years of experience in general practice, real estate law and estate law.
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My condo is listed, an offer has been made and my listing

Customer Question

My condo is listed for shortsale , an offer has been made and my listing has been removed from the MLS. I believe the law states the property remains as listed for sale . I was not made aware that the listing was removed from the MLS. It was never listed
as 'sale pending'. Do I have any rights in regards ***** ***** I am now getting notices from my lender to foreclose .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. Do you have the property listed with a realtor? You stated that you had an offer on your property, was the offer accepted?

Customer: replied 1 year ago.
its listed with a realtor. I accepted and signed. Hence my confusion thus far.
Customer: replied 1 year ago.
Since its a short sale, I don't know that the offer was accepted. It is supposedly a cash transaction. My confusion is that , one:it was taken off of MLS and two:my bank is now sending me a pre-forclsoure statement.
Paramount: why was it taken off the market? My understanding is that a property remains listed as 'sale pending'....I've had no such notification from my realtor. Is that not part of the contract?
Expert:  Attyadvisor replied 1 year ago.

You are correct the listing would remain active and show up as active or pending. The realtor may be working with the lender to obtain their approval for your sale. However, the realtor should be providing you with information on the status of the transaction. Do you have a copy of your listing agreement? Have you tried to contact the realtor to ask why the listing has been removed? If the lender has agreed to the short sale the foreclosure can be stopped pending the sale. Is there a date set for foreclosure with the lender?

Customer: replied 1 year ago.
As I see it the realtor dropped the ball. There has not been a reason why my property was taken off the market. Other than a slip up. Hence why I am seeking your advice as to what my legal options are.
Customer: replied 1 year ago.
I do have a copy of the listing agreement.
Customer: replied 1 year ago.
The remainder is a mystery.
I have felt shafted along the way and feel my realtor has done me wrong in not giving me pertinent information.but knows that I am in a hard place so therefore I am being taken advantage of.
Expert:  Attyadvisor replied 1 year ago.

If the agent is not honoring the listing agreement you would want to contact the managing broker for the company. This may be a situation where you are not able to see the property listed even though it is still in the MLS http://www.realtor.com/news/ask-a-realtor/will-a-house-with-an-offer-on-it-be-removed-from-the-mls/. Have you tried to contact the agent or the broker?

Expert:  Attyadvisor replied 1 year ago.

I want to clarify that the attorneys on this site do not provide legal advice, we provide general information that, hopefully, gives you some direction for your situation.

Expert:  Attyadvisor replied 1 year ago.

If you feel that you are being taking advantage of due to your circumstances you can file a complaint against your agent with the State at http://www.myfloridalicense.com/dbpr/re/complaint.html. I would suggest contacting the broker and if you do receive satisfactory answers you may wish to file a complaint.

Expert:  Attyadvisor replied 1 year ago.

I wanted to follow up with you to see if you have any additional questions for me or you were able to talk to the broker?

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