Legal Question in Real Estate Law in New Jersey

Real Estate Agent Withdrew from acting as our agent

Our listing agreement with a real estate agent is in effect until 12/20/06. The agent wanted us to lower the price of our home. He said he was giving us ''24 hours to reduce or have our house withdrawn from the market.'' I wrote a letter and asked him what he meant. He never responded; but instead came by the next day and removed his sign and returned our key by placing it under something on our porch. Are we still bound by this agreement until 12/20 even though the agent is the one who has withdrawn?

Asked on 10/04/06, 5:34 pm

3 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Real Estate Agent Withdrew from acting as our agent

The realtor is behaving very badly and you need to take some action to protect yourself. The situation entitles you to demand further assurances of the realtor. That is, you or your lawyer should write to demand that the realtor clarify its position. Without reading your listing agreement, I assume that it requires the realtor to make reasonable efforts to sell the property /for the price listed in the agreement./ The bait and switch is not only unethical, it is a breach of your agreement and entitles you to compensation for any damages that you might incur. So, you need to begin building a record. Demanding assurances of perfomance is the first step in safely getting out of the listing agreement so you can list with another agent.

My recommendation is that you work through a lawyer. If you know one who handles contracts and real property, make a call. Otherwise, feel free to call me.

See also:

Read more
Answered on 10/04/06, 6:40 pm

Re: Real Estate Agent Withdrew from acting as our agent

You need to review the agreement that you signed with the Abency. The Broker is responsible to adhere to the terms of the contract and cannot back out, unless the contract allows him to. It sounds likd you do not want the realtor working for you anyway. You should coontact the head office of the borker adn let them know what happened and ask to be released fromthe listing agreement or have a new agent assigned. Otherwise, you are going to need an attny to sue them to lwt you out of the contract. Be Careful.

Read more
Answered on 10/04/06, 5:40 pm
Robert Davies The Davies Law Firm, P.A.

Re: Real Estate Agent Withdrew from acting as our agent

I have read your question. Assuming that you have included all the important information, I must say I am stunned. The realtor's behaviour is bizzare. However, rather than just assuming that the listing agreement has been cancelled, you should get his agreement to that, and get it in writing signed by the realtor. The realtor's commission is a ton of money and you do not want to have to pay this jerk.

I suspect that you will need an attorney to poke him pretty hard to get him to agree.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 10/04/06, 5:41 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey