Expert, localized Los Angeles answers provided by Heather Roy

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Was Agent Negligent?

  Is a realtor legally obligated to show a house they are listing?



We signed with a realtor for 60 days and he did not show the house once. Every week he would say he recieved calls, they were going to come see it, but they never materialized. During the 60 days it was shown at least 15 times, by other realtors from other agencys. We never recieved any offers. When we told him were were taking it off the market and leasing he said he had some friends that might want to buy it WITH him as a investment. This was the only time he came over and showed the house. They declined to offer. Once he had pulled his signs he said they wanted to offer $220,000, but he didn't want to offend us and go lower than $230,000. Mind you, we started at $330,000 with the market analysis, we had dropped it all the way to $259,000... very much below market value, a lot less per sqaure foot than the 3 houses on our street that sold.



Then today a gentleman drove by, saw my husband, and stopped to ask him if we sold it. My husband said no, no offers, we took it off the market and we are going to sign a lease in a couple of hours. He was shocked! Siad it was the nicest house in our neighborhood and his wife had called our realtor last week, as she was driving by, on her cell phone, looking at his sign in our yard... and he siad it wasn't for sale anymore, we were leasing it. IT WAS FOR SALE UNTIL HE PULLED THE SIGNS.



We now feel we have been treated unethically and dishonestly by our realtor. Can we do anything? I don't want this happening to anyone else!
 
 

First place to take your complaint is to the managing broker in that office, who is legally responsible for the real estate activities of each associate.  If a discussion there doesn't satisfy you, and the company does belong to the local Board of Realtors (or Association of Realtors), file your complaint with that private trade association, which has procedures for handling such problems.  If you want to bring in the big guns, contact the Texas Real Estate Commission, which issues real estate licenses and enforces standards.

One thing you're wrong about, though.  If your place was multiple-listed and shown by other agents over a period of two months, then your $259,000 was not "below market value."  The definition of market value is "what someone will pay" and the buying public, which in the end sets prices, definitely signaled that your place is not worth what you were asking.  If it were, someone would have come forward and offered tht much. I know that's hard to accept, sorry.

    Edith
Originally published on August 5, 2007
 
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