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Recent Listing Agreement questions

I talked to the attorney at the title company and the buyer

I talked to the attorney at the title company and the buyer agent and both were saying we are on target to close and nothing has changed but our agent will not return our email asking why she voided the agreement. It is a docusign agreement so the attorney at the title company said it could just be an accidentally expired docusign as it was sent 3 am in the morning but then why are is our agent not answering us with an explanation. So seems like she has pulled out, does not want to deal with us but will expect to get paid for her deal as she did not say in writing. So my questions areA. Do we have any recourse and I might think we should get an attorney now? Why do we need to pay somebody commission if she was this bad and now pulls out of the deal with no explanation leaving it up to us to deal with the buyer listing agent ourselves before closingB. If I wrote a bad review now could she do anything ? Lol! I probably will not till we are done but this is awful!B.

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RealEstateAnswer

Juris Doctor

35,958 satisfied customers
A realtor contacted me to inquire about our land that was

A realtor contacted me to inquire about our land that was not on the market. She said I have clients interested and asked if we were looking to sell? We were intrigued so we said yes. We wound up listing the property with her. Her clients never came through and our listing ran out. Now months later she contacted us again and made an offer on behalf of her clients. There was some negotiation and to sweeten the deal she commented (via text messages) that she would drop her commission in order to make this deal work because her clients purchased the house next door to our property.We wound up dropping our price significantly and accepting their offer with "no contingencies" But they pay all closing costs. Months went by and we finally just received the contract, and to our surprise there were two contingencies; 1) a 7% commission 2) the removal of certain items that are in the the barn.We are very surprised by this but do appreciate her bringing the offer to us. However we decided to give her a 1% commission fee and agreed to remove certain items. This was not good enough for the realtor and her broker so we are now in limbo. We really would like this deal to go through but are afraid she will ask for more commission or walk away from the deal. Another concern of ours is that they might try to get the property assessed. We had much trouble in the past with assessing this property because there is a non livable structure on it and one who is interested must pay cash as no lender would give a loan for this property. This property is 4.24 acres located in Shawnee on Delaware, Pennsylvania. It's directly across from a ski mountain and can be quite desirable for the right person.My question is do we owe the realtor any more than what we have already agreed to? And if you have any advice on how to now navigate through this messy situation. Than you kindly.

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RealEstateAnswer

Juris Doctor

35,958 satisfied customers
Does exclusive right of sale listing agreement begin at date

Does exclusive right of sale listing agreement begin at date of signing of agreement or at date listed on agreement as beginning date and termination date

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RealEstateAnswer

Juris Doctor

35,958 satisfied customers
We just got a call from a neighbor (elderly lady) she is

we just got a call from a neighbor (elderly lady) she is going to sue us because her buyers backed out. I informed the prospective buyers that the property is all community lot and twenty some of us have it in our deeds that we have the right to use that property....as it is written in our deeds. the r.e. broker did not clearly tell the buyers this. he told them they could do whatever they want. they also had it listed for 140 feet of water front, after the survey it is 90 feet of water and the buyers backed out. she wants to sue us for running them off by telling them we have the right to use it? is there a case there? Martinsburg, WV Carol DzienisJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: martinsburg wv on the Potomac river.JA: Has any paperwork been filed?Customer: no she called my husband today and told him she doesn't want to but she is going to sue us because they backed out. they just found out about the survey this past weekend and it had been done weeks ago. there is only 90' of water front and the property is 96% drainage ditch and listed on deeds and plants as community property.JA: Anything else you want the lawyer to know before I connect you?Customer: I can supply listing agreements and deeds and info I gave buyers explaining property....all of which was taken off line and is open to the public information. I did not exaggerate a thing, just simply made them aware of the full facts.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,154 satisfied customers
I put my home in Florida on the market. Agent came with an

I put my home in Florida on the market. Agent came with an offer. At time of offer I decided not to sell the home. I spoke by phone and text explaining this. The following day she called with a counter offer and I told her house was off market, she says I am obligated to pay her commission

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RealEstateAnswer

Juris Doctor

35,958 satisfied customers
I have a question regarding the protection period in the

I have a question regarding the protection period in the Texas Association of Realtors' Residential Real Estate Listing Agreement Exclusive Right to SellJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has any paperwork been filed?Customer: Legal paperwork, No.JA: Anything else you want the lawyer to know before I connect you?Customer: It involves the written notice specifying the names of persons whose attention was called to the Property during this Listing

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39,598 satisfied customers
Is Zillow accurate in most areas? I live in Nashville and it

Is Zillow accurate in most areas? I live in Nashville and it is ranked as the number one real estate market in the USA. We live in a suburb of it and it is one of the best counties when it comes to schools and safety in the nation. Anyway, our Zillow value stayed very flat for several years and then last November it started shouting up like crazy. It went from 359k to now 374k in four months. There is an inventory issue. There is new construction starting now so we have to compete with that but somebody would have to wait. We have a move in ready house in very good condition, fresh paint, all hardwood floor, plantation shutters on every window, all brick house , open floor plan with huge windows, granite, the works.Anyway, our real estate is pulling comps within the last six months. Not a lot sold because there was not many houses so she is looking at houses that sold back in November to come up with our price to put on the market. We are going on mls next week and she wants to list it at 365 when the comps say in Zillow ( you can pull your own comps on there ) 380k. The new construction across the street houses start at 375k for way less square footage and upgrades. We are also zoned for the most popular new schools that have waiting lists schools which half of our neighborhood is not.Back in November she wanted to put our house on for 362k and now, even though all the values around this town have shot up at least 10k in The entire county , she only wants to list it for 365k. She says she thinks we will get asking price but houses around here have been going in a matter of hours or a few days. There have been bidding wars.Why would she do this ? Is she just trying to make a quick sale? She is the top realestate agent in middle TN but she is on the buying end most of the time and she buys a lot for investors. Did we pick the wrong person? What should we do?

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RealEstateAnswer

Juris Doctor

35,958 satisfied customers
Pearl, I have written out my scenario that I need advice on,

Pearl, I have written out my scenario that I need advice on, but it is about 3000 characters...what is the best way to proceed.JA: Where is the property located?Customer: Central TexasJA: Has any paperwork been filed?Customer: No legal filings, but it involves a ltd partnership where the elderly GP signed 2 deeply discounted contracts for commercial property 1) without 80% of partner agreement and 2) 2 days after a stroke, while in the hospital and on IV narcotic pain meds - she is 82 and has no memory of even signing the contracts.JA: Anything else you want the lawyer to know before I connect you?Customer: Background: Ltd partnership is in 2 contracts which an elderly General partner did not have authority to sign and signed while in hospital, on narcotics, 2 days after a stroke. Ltd partners got involved after stroke when they found out these 2 contracts had been deeply discounted, GP didn't remember signing them 2 days later and also disagreed. 1 of the disputed contracts has only the GP's initial on the execution line of the TREC form and both have unmodified TREC feasibility clauses of 21 days. Escrow earnest money was receipted 7 days after date signed. On Day 14, 22 and 24th after signing, all partners communicated to realtor via text, email and several verbal and in person conversations that they wanted contracts voided due to GP diminished capacity and lack of authority to sign. They also wished to be released from a 12-month listing agreement for any remaining properties (over 20) not currently under contract.(SEE REPLY BELOW FOR REMAINDER OF POST)Realtor responded that she and the buyers believed contracts to be valid and that they would proceed with appraisals, surveys, financing, etc. Sellers told realtor not to proceed, verbally and via email, including letters from their attorney, but actions continued to be taken up through Day 38. Realtor refused to release sellers from 12-month listing agreement for the remaining properties. On Day 41, sellers discovered realtor had not told buyers anything. On day 43, 1 of the buyers contacted the sellers directly - he had only been told 2 days prior and had expended 5-10K getting appraisals, surveys and financing confirmed between Day 7 and Day 43.The sellers questions are several:1) What is the true "effective date" of the contracts- is it the day signed (day 1) or the date the escrow earnest money is received (day 7)?2) Do initials only on signature line constitute a valid TREC contract?3) Do the partners have any non-legal recourse to force the realtor/broker to void the listing agreements for all remaining properties?3) What SHOULD the realtor/broker have done based on their license requirements?4) If buyers sue sellers for damages, should sellers sue the realtor?5) Do all brokers have to carry Errors & Omissions insurance?6) Should we attempt to contact 2nd buyers realtor to make sure messages are being relayed?

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Irwin Law

Juris Doctor JD

9,786 satisfied customers
If your unhappy with a real- estate agent you have tried,

If your unhappy with a real- estate agent you have tried, can you change? I signed a 90 day agreement so I bet not however the things this lady is making us do to sell our house is ridiculous . We live in a county that is the most one of the most desired places to live in the country. It is considered a hot market and we are zoned for the best schools , our house is 10 years old but in great shape ( we just updated paint and it has all hardwood floors , wood shutters , nice size -3100 square feet, all brick home) and this real-estate agent is making us arrange our furniture a certain way and all these super nit picky things that seem totally ridiculous. I think they are trying to justify their own commission since there is no inventory in this area and we have a move in ready house. I truly think we could sell it ourselves or get a more chilled out agent. They are charging us 6% but we are breaking our backs on working on the house. And they have this horrible attitude ( very snotty ). I am just not happy with the experience anymore as houses in our area have been selling before they hit the market . If we are totally locked into our contract, any tips?

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39,598 satisfied customers
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