ED Magedson – Founder
Keller Williams Realty / RealtorsInternet United States of America
I have a real estate agent who has become very hostile towards me.
I moved from Texas and I put my home up for sale last January with an agent. At the time I had renters and the agent kept pressing me to get rid of them to make showings easier. I eventually made an agreement with the tenants and they moved out. The house sat for many months without any offers. Whenever the agent suggested the the price be reduced, I complied. Except for the last time which put it $20, 000 under the original asking price (only 2.5 months after it went on the market.)
Here's where I have the biggest issues. When the tenants left, I asked the agent to check and make sure that the home was in good condition to sell. She told that it looked great. A few days ago, I received pictures of the interior from someone I hired and there were numerous issues. I was very disappointed to learn that the agent never brought these problems to my attention. I would have made the repairs immediately and the home would have a better chance of selling.
I decided to get care-takers to stay in the home since it has been vacant for 3 months. They are receiving a $200 discount per month to live at the location and keep it up. If the home does not sell at the end of it's contractual term (a few months), the care-takers will rent the home for the next year. They know the house is for sale and could be sold at any time. The worst part: I told the agent and I was informed that I was in breach of my contract. She offered to take the house off the market for a fee paid directly to her and sent to her home and not to the real estate firm she works for. She initially gave me a contract which was improperly drafted. When I wrote her to ask why I was violating the contract, she became extremely hostile with me (see excerpts of our emails below). In essence, she told me that I am wasting her time and that she is doing me a favor because she could get 3% of the closing cost since I breached the contract. The emails are very harsh. Really unprofessional.
I feel like I am being harassed by her and quite frankly do not understand why I am breaching my contract by having renters in the home. I had renters when we put the house on the market. I told her that I am not taking the house off the market, like she thinks I am. Someone, please help. She says she's spent thousands in MLS fees and I in turn am out $6000+ by releasing the previous tenants at her request. This has just been an insane nightmare.
Excerpts from emails:
Agent:"Technically you are in breach of listing agreement by leasing the property out while listed for sale. I would rather terminate the listing please. If not, please have your tenants sign form and return and house will continute to be showed thru July 5th. If tenants decline all showings this will also be a breach of the listing agreement"
Side note: (At this point, I am thinking that I will just let her out of her contract since it appears that is what she wants)
Me: On the Termination of Listing there are some items that concern me.
Section 3 corresponds with Paragraph D(2). It also has in parenthesis "check one box only". There is nothing stipulated in D(2) that indicates an agreement in Section 3. There are also two checked boxes.
Also, on line 3(b) it states that the terms of this agreement fall under an "either"/"or" option ($500 to Keller Williams Realty or $250 paid directly to XXXX for reimbursement ...). What concerns me is that paragraph E follows with the statement that Owner and Broker release eachother ... but it doesn't mention Keller Williams directly. I need to have a written statement that I will released from further obligation to Keller Williams Realty."
Agent: "Feel free to check the box(s). My oversight. Send with ck. I have already put house temp off market so as not to disturb tenants."
Me: "It doesn't appear that checking boxes will change any of the issues I'm concerned about. Please re-read my original email and feel free to ask any questions that you may have. Also, because this is an unusual transaction, I need to have the contract signed and corrected before I send the check. I am completely without discourse without either.
No need to worry about disturbing the tenants. They are not scheduled to move in yet. They are mostly acting as "care takers" since the house has been empty for so long."
Agent: "You are making this nuch more complicated than necessay. I will send you a blank form to tour email. Fill oot as u see fit return and I will terminate. Easy!" (Not my errors, agent is clearly very angry here ...)
Me: " It seems that I have upset you and that is certainly not my intention. I am merely trying protect myself since I am having to sign a contract. I had no idea that I would have any trouble from renting my home. It was rented when we entered into a contract. I never wanted it to sit so long without income but agreed to it at your request. To protect your interests, I have stipulations in my contract with the care takers that gives me the option to sell the home at any time. That includes showings.
Let's not worry about this other contract because we are obviously not communicating well. I will tell the caretakers to sign the lockbox agreement and you can continue to show the house. If this is the case, I will want to raise the price to $160,000.00. The reason for this is because I have received photographs of the home which indicate that it was not in good condition when the previous tenants left. I completely understand why it sat so long after viewing the photographs. I hired someone in the last week to repair the issues and I believe that I added substantial value to the home.
There is one more aspect I haven't considered. You might be ready to move on - If you are, that is ok. I will be happy to release you from the contract without further obligation. Just let me know and we can do that, too. Otherwise, I'll get the signatures you requested immediately and we can raise the price to $160,000.00."
Agent: I have had a death in my immediate family this past week. I have had no sleep, and am running on my last nerve.
You said you wanted out of your lease and now you do not.
Your home will NEVER sell for 160,000 in it's current condition. I will send you all the feedback from every showing next.
Yes, i would like to termintate the contract and be reimbursed for early termination and you can feel free lease it, which you told me you already did in
prior emails breaching our agreement.
You can't have it both ways. you either agree to list for sale for the entire lease term, or we termininate. you can't lease the house out per the listing agreement without prior authorization in writing from myself and my broker.
I already have a keybox on the house and if you have people/caretakers/tenants i need to change everything in MLS to reflect that and their contact info for showings.
If they are tenants (which i believe they are) again, you have breached your lease. If you would like to pursue this legally, i will turn it over to my Broker and they will pursue any and all remedies. They do not take likely to having their agents get listings and have owners back out. They are entititled to TREBEL damages for breach of lease and will wind up costing you aprox 5-10K in legal fees.
My suggestion is to end this charade and just send me 250. for my time and i'll terminate the listing.
From author of this post: Every time I read these emails I just start shaking ...
This report was posted on Ripoff Report on 05/03/2010 06:27 AM and is a permanent record located here: http://www.ripoffreport.com/r/Keller-Williams-Realty-Realtors/internet/Keller-Williams-Realty-Realtors-KW-Hostile-and-Antagonistic-Agent-Internet-599434. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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