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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I have listed my home in Sky Forest CA. The agent has done

Customer Question

Hi there,
JA: Hi. How can I help?
Customer: I have listed my home in Sky Forest CA. The agent has done nothing to sell my home. I have had 1 offer and I told her to counter offer and she didn't. I asked her to reduce the sale price and she got it wrong and reduced down lower than I wanted to go. I called her Broker and he said he would give me another agent. I told him I wanted to be released from the contract because of the agent's failure to perform.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Now I have a new agent with the same broker. I have no sign on my home, no open house and the pictures she has put up of my home are so bad you can't tell what your looking at. On 1 site its still listed with the other agent for a different price. On another site, it's listed at a lower price but you can't see the pictures they are so out of focus. I am in San Bernardino County, CA.
JA: Has any paperwork been filed?
Customer: Yes, I signed a contract 2 months ago. When I got the new agent because the Broker would not let me out of the contract, I signed another contract for the remainder of the 6 months.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there no recourse for a seller when the realtor doesn't perform?? How obligated am I in this contract? Don't they have a responsibility to perform?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.
I am sure that is extremely frustrating as one expects a realtor to do a decent job to market their properties. So basically the owner may request to be released from the contract due to non performance and breach of the implied covenant of good faith and fair dealing. If they refuse the owner may either document the issue and then engage another realtor knowing the realtor may sue for breach and try and recover damages (in which case the owner can present documentation of the realtors non performance; or alternatively seek a declaratory judgment from the courts deeming the contract void as breached by the realtor. The court may, depending on the provisions of the underlying contract, award attorney fees and court costs to the prevailing party. Often times a pot entail defendant will agree to a mutual release but that is usually negotiated by a lawyer so the company is aware that the customer has every intention of pursuing their legal options as opposed to posturing.
Expert:  legalgems replied 3 months ago.
Proof that price and contact information was incorrect can be very helpful in these types of cases because that is generally considered a material breach since it goes to the very heart of the matter and frustrates the whole intent of the contract.