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I own a $700k house, 7 miles from town, and listed it with a…

Customer Question
I own a $700k...

I own a $700k house, 7 miles from town, and listed it with a florida realtor... concurrent the realtor shared she was buying a new car...that was 3 months ago and she still has no transportation and recently found out she cannot get insurance if she bought a car as she is suing 2 separate insurance companies for 2 separate auto accidents she was in.....when available, her employed husband drives her here for open houses but that is it.... her inability to work with clients has become a total obstacle to her marketing and selling my home... since she is uninsurable as a driver and has no car am i on good legal footing to break a 9 month sales agreement, which has 6 months left. she is virtually helpless to try and show any real estate. at time of signing me up, buying a car was described no big deal and would not be an obstacle.. thank you

Lawyer's Assistant: What state is this in? And how old is the car?

Florida....and she does not own a car, had portrayed she was going to buy a car, and then reports she cannot even be insured.due to 2 prior car accidents for which she is suing.

Lawyer's Assistant: Has anything been filed or reported?

Filed regards ***** ***** know she signed a slaes agreement to represent me as my agent, was going to buy a car, then cant even drive a car as she is uninsurable....

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Due to agents inability to show any homes as she cant drive and has no car, in my estimate she is not diligently representing me to sell my home, and not certainly not fulfilling her fiduciary responsibility to me as a client.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
8/14/2017
Real Estate Lawyer: Richard, Lawyer replied 10 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,883
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 10 months ago

Good afternoon. Yes, you can get this listing agreement terminated. You should send the agent a certified letter, with a copy to the agent's broker, telling the agent the history and that you are dissatisfied with her performance and demand that they agree to voluntarily terminate the listing agreement effective immediately. Inform them if they do not agree, then you will have no choice but to file: i) a formal complaint with the state board of realtors; and ii) a civil suit against them for your damages, BUT inform them that you will not only be filing this suit as a breach of contract suit, but also as a deceptive trade practices act for their intentional misrepresentation of the services to be provides, which will entitle you to punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your complaint and your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the agent will agree to a termination rather than risk punitive damages. the deceptive trade practice judgment, and the bad publicity that accompanies such a suit.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Real Estate Lawyer: Richard, Lawyer replied 10 months ago

Good evening. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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