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View Full Version : Breech of contract by realtor


ejsilver
Jul 21, 2006, 09:11 AM
Is there legitimate cause for a claim that I can make for remuneration [currently paying 2 mortgages and double utilities] because the listing realtor did not advertise the home--in the paper, or on the internet--except for his own website. In addition, would not list the house because it was "March" and insisted we wait until May, when home buying is greater. I cannot afford to own 2 houses any longer and have since switched realtors who are more proactive in marketing.

ScottGem
Jul 21, 2006, 01:05 PM
Did the contract specify using newspaper ads or MLS services? Unless it did, then you haven't any case. A contract specifies that the party of the first part will do something for which the party of the second part will provide remuneration. There is no breach of contract unless the party of the first part did not do what the contract said they should.

The realtor may have been acting in what they perceived as your best interests in holding off until they could get a better price.

Fr_Chuck
Jul 21, 2006, 04:37 PM
I will agree unless you specified in the contract how it is to be listed, the realtor is free to list it the way they wish.

Of course if they did not want to list it in March ( why not use just antoher realtor then ?)

And if you wish to break the contract and go with another realtor why not merely ask them,