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Our home agent arrived on my property unannounced today & pulled all signs from the yard failing to provide cancellation letter.

New Berlin, WI |
Filed under: Real estate

Our real estate agent told us that he doesn't want to deal with us. He will not return any of our phone calls or emails. He told us if we contact them once more he will claim harassment with an attorney. He also said that our contract auto renewed for 3 months which is false. Their sign was in our front yard since October 31st and my agent never had me sign any papers. He told us that it would auto renew.
We asked for a list of all of the prospective clients that came to view the home during the entire contract period with them. They will not provide us with all documents & original documents which they requested from us also need to be returned, Plot maps, condo agreement, building brochure.

What do we do at this point?

Attorney Answers 4

Posted

You should request a full and unconditional release from the listing agreement.

If they do not approve, call you state's real estate licensing board and lodge a complaint.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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1 lawyer agrees

7 comments

Asker

Posted

But that will take a long time and we need help quickly in order to list our home with another real estate company.

Michael T Millar

Michael T Millar

Posted

Requesting a full and unconditional release should take no more than an hour of your time. Whether the process will be long or short is dependent upon if and how the prior broker responds to your letter.

Asker

Posted

The broker and president are both ignoring us. They told us if we call once more they will file a harassment claim.

Michael T Millar

Michael T Millar

Posted

Get that in writing. If they have told you that there will be no more communications between you, then they cannot expect to earn a commission if a sale is made by a new broker.

Asker

Posted

How were they able to list our home without a valid contract by the way? Because they had a sign in our front yard? The last contract we signed was in 10/2012 and we never signed anything after that. They told us that it would auto renew.

Asker

Posted

Right now they are ignoring us entirely.

Asker

Posted

They are telling us that we call/email us too much everyday which is grounds for harassment?

Posted

Look at your listing contract to better understand your rights. Demand a full release from any obligations you have under the listing contract. List with another agent. If you are still unsure how to proceed, retain a lawyer in your area to assist. Good luck.

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Posted

Your agent should have entered into a signed listing contract with you; that's required by Wis. Admin. Code s. REEB 24.08. He or she may have also violated s. REEB 24.09 by misleading you and s. REEB 24.17(1) by stealing your documents. You should consider filing a complaint with the Department of Safety & Professional Services: http://dsps.wi.gov/Complaints-and-Inspections/Complaints

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2 comments

Asker

Posted

We are trying to assist my father who is in his 70's. They will not speak to us at all about what they had on his contract or if they even had one. They told us if we keep calling they will file a harassment claim against us.

Rudolph J. Kuss

Rudolph J. Kuss

Posted

I think that the department would still consider your complaint even if you're not the licensed professional's client. Regulatory agencies should protect the public. The public is endangered by this so-called professional.

Posted

The complaint to the regulatory board is appropriate, but if you are sure you have no listing contract or obligation to that broker, seek to list with another broker. Hopefully the new broker will meet your needs.

Contractually the prior would be liable to you for "damages" but the burden of proof would be on you. Likely difficult, if not impossible.

Lucky for you there are no papers signed with the prior, as if papers signed you might have not been satisfied with this broker's efforts (and stuck between a rock and a hard place); perhaps this broker just discovered he had done so much wrong according to rules that regulate this broker? In any event you are now free to go elsewhere and obtain the best you can find.

Note: no professional has any obligation to list your property or work with you; it is up to the two of you to agree.

Hope this reply has been helpful.

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