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Recent Listing Agreement questions

I signed a California Association of Realtors Residential

I signed a California Association of Realtors Residential Listing Agreement- Exclusive Authorization and Right to Sell Form and changed my mind about selling the property less than 24 hours after signing. However, the broker will not work with me to terminate the agreement even after telling her the property is not for sale and to withdraw the listing. The contract is good for one year and she's holding me to it. She is unethical and won't compromise even though I am unhappy and don't trust her.However, this is not my primary residence. It is tenant occupied and I have been earning rental income on this property and paying taxes on rental income of the property for 5 years. Shouldn't I have signed the Commecial, residential income non-owner occupied listing agreement instead? What are my rights? Does this void the residential listing agreement since it is not my residence?

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CalAttorney2

Attorney

Doctoral Degree

19,996 satisfied customers
I signed a one year Exclusive Listing Agreement for my

I signed a one year Exclusive Listing Agreement for my rental property in California and changed my mind to put my house for sale after one day. The Listing agent did not take it off the market for a day even after I asked her to. After 3 days, I sent an email and the listing was withdrawn from MLS. I told my Broker again that the property is not for sale but she won't terminate my agreement contract til it expires in a year. It has only been 5 days since I signed the contract. Broker says that if the house is truly not for sale, why does it matter if she does not cancel the listing agreement?My question is, can I terminate the contact due to abandonment if the property is still withdrawn from the market 3 months from now? Will the broker be violating any code of ethics as a licensed realtor? What effect will it have if I file a claim with the department of real estate?

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37,942 satisfied customers
After 3 days of signing an Exclusive Residential Listing, I

After 3 days of signing an Exclusive Residential Listing, I decided not to sell my house. I don't trust my broker but she won't terminate my agreement. She refuses to an agreement.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: No she took the listing off mls but told me that she will keep the contract. She has a heavy accent and I was under the impression it was good for 90 days But it was written for a year with a 90 day clause. I feel betrayed by her and don't trust her. She left me a voice mail stating I am obligated to stick with the signed agreement and I must pay her commission if I sell my home within a year. She is not compromisingJA: Anything else you want the lawyer to know before I connect you?Customer: Before I signed the agreement, I excitedly told her that I already had a buyer for the home which I found on my own. My tenants in this rental property were interested in being the buyer. I did mention that I could do a for sale by owner since it is a simple transaction. She pissed me and my buyer off. I don't plan on selling but I don't want to be in a contract with her for a year

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
I am a home builder & have been talking with a client for

I am a home builder & have been talking with a client for over 5 years about building them a home. They finally decided to sell there current home & contact me about building a new one. The real-estate agent told them that he would come & represent them & it would not cost them anything. He came & we talked & the clients put in an offer, but I rejected it without signing anything. They have since contacted me & would like to negotiate directly with me. My question is "Will I be obligated to pay the agent a commission"?

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Irwin Law

Juris Doctor JD

8,808 satisfied customers
I currently have a listing that is in escrow. The company I

I currently have a listing that is in escrow. The company I am with is going through changes. The Broker of record and designated officer is resigning as of September 1, 2016.Do I have the legal right to transfer my current listing that is in escrow to another broker due to the uncertainty of the company I am with?

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Loren

Juris Doctor

37,064 satisfied customers
I now have an offer on my home, just accepted it two days

I now have an offer on my home, just accepted it two days ago. The buyers are pre qualified but not approved for the loan yet, as the loan company has to verify all their income, etc. My Agent emailed me today and told me the inspection was next Wednesday and that the buyers, the inspector and another agent in her office would be at my house for several hours and that I had to leave. I told her that I only wanted professionals doing the inspections, not the buyers, and that since my house is so small, and I work from my home office, that I would be here, but stay out of their way. I also requested that only the Inspector and Realtor come in then, and that the Inspector could do a report t to share with the buyers and bring them back to show them what he found at a later date. My agent, the listing agent, tried to bully me into leaving my home and letting everyone go through my house and belongings. I feel very uncomfortable about this and told her that. I am not refusing the inspection but don't want buyers who have not been approved for the loan yet going through my personal and business property. She tried to argue with me but I was firm. I am suspicious of the buyers anyway, as this seemed to be a set up deal in the first place. They made the offer before my house even was put in MLS. I do want to sell but not be victimized. What is your advice on all this?

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Roger

Litigation Attorney

Doctoral Degree

33,578 satisfied customers
I listed a property for my seller. The other seller had his

I listed a property for my seller. The other seller had his own listing agent.My and my seller went to a real estate attorney after I took the listing.The attorney advised my seller he can put the home on the market as long as we stipulate that the home is owned 50/50 and we do not have full cooperation of the other seller. So we put it on the market received four very good offers. the other seller accepted an offer and we just closed escrow.Now the other seller filed a complaint that I could not put the home on the market. Will I get fined if I do not have the other sellers signature on my listing agreement. The other sellers attorney told me the home was going into default and it has foreclosure pending. So I put that on MLS and now the other seller is telling me that information was wrong also, that is part of the complaint..Does the other seller have a good case against me even thought my sellers attorney told us to put it on the market?

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37,942 satisfied customers
As executrix of my mom's estate, she had a manufactured

As executrix of my mom's estate, she had a manufactured home. $138,000.00 is still owedon it, with approximately $12,000.00 in equity. I've been in contact with a realtor who, if listing,would ask $219,900.00 according to his view of local market. This same realtor, gave a leadto my brother for a lender. This brother does not have good credit. This lender told himhe may qualify, and gave him steps to do. Since talking with brother, he suggested a leaseto loan option, with him carrying the note, and taking care of escrow.The estate has many creditors wanting $, and the largest source of $ would be from the saleof the house. This same brother and our mom took out loans in her name (she was willing), butfor the benefit of this brother. Brother didn't mention the credit card debt tied with the estateto the lender.Some questions: for the sale of house, whether to brother or someone else, would $ dueto creditors come first, then divide what's left among 4 siblings (3 bio, 1 step)? The house isin Washington State. Is there any way legally to transfer brother's name to credit card debt so the estate with 4 beneficiaries wouldn't all equally be burdened with it? The credit card total is between $30 and $35 thousand. Would I be responsible for any of the debts out of pocket? or are debts paid just based on $ in estate?What would be ‘gentleman's' view of realtor? I haven't signed papers with him yet. Should compensation be offered him if brother buys house since he, realtor, was one who connected him, brother, with lender, then realtor doesn't sell house?

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Ray

Lawyer

Doctoral Degree

35,806 satisfied customers
We signed a rental listing agreement with an agent. We just

Hi, we signed a rental listing agreement with an agent. We just read the contract and did not realize certain things. Is there a period of time that we are allowed to backout. We live in NJ.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
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