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I hired a realtor to sell my rental house, allowed her to be…

Customer Question
I hired a realtor...

I hired a realtor to sell my rental house, allowed her to be a dual agent and she brought a contract with her when she met me and told me that this would be a good way to get started and 'set a baseline" ?? I went into neg with and was urged by her to accept offer. I did and then she put the house of mls as pending. when I asked her about this bc I began to rec. tons of phone calls about the property she said she had to put it on the mls as "pending' of it might be seen as a "pocket deal"...wasn't it? is that illegal and what can i do about it? if anything

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Closing is april 4th

Lawyer's Assistant: Where is the house located?

North carolina

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

The market is very hot in Chralotte.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 53 minutes by:
4/2/2018
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,512
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Does your contract state she will list it on the MLS?

.

If not, then the realtor didn't have a duty to list it there and can keep it as a "pocket listing"...i.e. a private listing that she shops around to people she knows are looking for a similar property. The reason a realtor will do this is so they get to keep the entire commission instead of sharing it with another realtor if they bring a buyer..

.

It might be unethical, but it isn't illegal for a realtor to do this unless they disclose it to the seller up front and the seller agrees..

.

But once you sign the sales contract with a buyer, you are stuck unless you can show it was someone the realtor knows personally and they colluded to convince you to sell for far less than it was worth... then that looks like fraud, misrepresentation and breach of contract.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Thx Barrister . Another question. The realtor called me tonight and said she was talking w the lender and they cannot close on April 4. Can they change the date without penalty? They want to close instead on the 6th. Do I have any options?
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Can they change the date without penalty?

.

Yes, the closing dates are never carved in stone... they can kind of "float" around a proposed date without being in breach as long as the parties are acting in good faith to close.

.

They want to close instead on the 6th. Do I have any options?

.

And unfortunately no, not unless you can show they colluded to defraud you and the selling price is far below the market..

.

I am sorry that the news isn't better..

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 3 months ago
I might have a question later. Set to close Tuesday
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Ok, no worries, you can always post a follow up comment, even after rating my service, and I will see it and respond..

.

.

Have a great day!

Barrister

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