Profile picture for bostoncj

I don't have a hard copy of my listing Agreement

Does anyone know how many days an Agency has to provide a client with a hard copy of an executed listing agreement?

  • October 06 2013 - Boca Raton
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Answers (17)

In the state of Ohio a copy has to be provided immediately.
  • October 13 2013
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In New Jersey a copy must be provided immediately after it is fully signed by both seller and broker.
  • October 12 2013
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Ask her Broker! and they will give it to you.  OR SIMPLY go to the board......
  • October 12 2013
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Profile picture for bostoncj
Wetdawgs:
I told the Agent I wanted the photos to be changed. I was pleasant when I asked. I also asked her to please remove the tot lot photo. I also asked her to put in an exterior photo of my home which she ignored She told me there was no way she was removing any photos and things went south from there. When she told me she was not removing what I asked from her I told her I preferred we just cancel.

Ed: Where did you find the information? I am curious to read further about Florida statutes.
  • October 12 2013
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Profile picture for wetdawgs
It is not unusual for a seller to want some revision of the initial advertising, be it text or photos or both.    How did you ask to work with her or did you simply say "not acceptable" and ask to cancel?  
  • October 12 2013
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Profile picture for edboner
I believe 24 hours in Florida.  Information below from another site. 

"Per Section 475.25(1)(r), Florida Statutes, the Florida Real Estate Commission may discipline a licensee for failing to provide a principal with a copy of the legible, signed listing agreement within 24 hours.

I make a point of sending additional copies by email to document.
  • October 12 2013
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Profile picture for bostoncj

I chose this Agency since I spoke with a few Agents and actually this Agent stated she would not do a lock box since I have heard bad things about that and she stated she accompanied all prospective clients with their Agents. She has 20+ years of experience and she seemed good. She works for a national company and I didn't feel any red flags until I saw the listing. I live in a luxury property---gated community with all amenities, etc. She did not post one exterior photo of my home, rather interior only and a tot lot. There is a gym, pool, gated entry, and noone saw that in the photos. The main photo of my home was a tot lot. Also, I provided her with the square footage of my property and then she listed it with 500 square feet less and stated I gave her incorrect information and she stated the price was going to need to be reduced. I showed her all of the documentation including my appraisal, county tax records, etc yet she claimed her information came from the county records. I called them and they confirmed my information--- so where her information came from I have no idea. Things ultimately got heated between the Broker and I. I completely blame the Broker since she should be responsible to ensure that listings are proof read before release. Unfortunately with this I must say my confidence in Agents is not at the highest level.

  • October 09 2013
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Profile picture for sunnyview
I would take your complaint with this agent to the media. Call your local TV station and tell them that you would like their coverage of this consumer issue. You need to keep EVERYTHING with this company in writing.

Send an email with your complaints and set a period of time for the agency to unconditionally cancel your listing agreement and return the keys. If they don't, then you need to press them legally and/or with the Board letting them know that you intend to pay for your next house with the money that you win if they delay your sale in any way.

No one needs a bad agent and even fewer people need an abusive one. They are out of line and you don't have to put up with it.
  • October 09 2013
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WOW!!! It's one thing to not want to cancel a listing agreement, please know that in my 17 in the business I have never heard of this and I hope it doesn't give you a bad impression of all Realtors, but it's another to not return keys and such.  As a note, the next time you list your home, please give us another try (ask friends and family for referrals, or call an Agency ask for the owner or broker of record and ask them who they recommend) tell the agent you want a clause in the listing agreement that allows you to "UNCONDITIONALLY CANCEL," these 2 words are VERY important, at any time without cost to you-normally brokers don't get paid until we close escrow, but just in case.  This will help you in the future should you need to cancel your listing agreement.  Without the word "Unconditionally" you can still cancel, but you might not be able to list again until the listing period runs out.  Also, limit the listing period.  Do a trial period of 30 days, you can always extend, or re-list, the listing once you find someone you work well with.

Since the Broker was not helpful, to put it mildly, you are correct in contacting the local board of Realtors.  In addition, and I hate to recommend this, but it sounds like it might be needed, I would also contact the state board and see what they can do.  They might help you more than the local board. 

Sorry for you experience.  Best wishes and good luck! 
  • October 09 2013
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Profile picture for wetdawgs
And how did you chose this agent and brokerage as a listing agent?  Inquiring minds wish to avoid the same red flags!

  • October 08 2013
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Profile picture for Neeraj Jassal
Awful scenario - you cannot do business with people like that.

Change the locks?  What can they do?
  • October 08 2013
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Profile picture for bostoncj
Neeraj:
Thank you for the response. The entire thing is beyond ludicrous. The broker was the most unprofessional person I have ever encountered. I went in politely asking for my keys and stating I did not want to be in the contract. She became outraged and I was not in the office for 2 minutes. When she told me she was not letting me out of the contract nor returning my keys I told her I demanded my keys. With that, she called Security to have me escorted out of the building and I called the police and filed a complaint. I have already contacted the local board, etc. This is a major company I am dealing with and with her mentality there will be no recommendations from me to her Agency. She told me I was an a** as well. I have little experience with Realtors/Brokers, but for her to call me an a** was out of line as well.
  • October 08 2013
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Profile picture for Neeraj Jassal
This statement:   "The Broker for the company.....will not give me back the keys and fobs to my property"

...is ridiculous.  Not letting you out of your contract is one thing (which is their right, though not an approach I would take), but not returning YOUR keys is another.  Despite any contractual agreement, you have a right to control access to what rightfully and financially belongs to you.

I'm remiss to throw anyone under the bus here but if they do not return your keys, you might want to consider contacting the local board of Realtors to file a formal complaint.

I find that sort of behavior beyond appalling.  If somebody didn't want to work with me, I think it's fair to say that, rather than engage in an adverse relationship, it's better to cut your losses and move on.

I hope you get your keys back and bury this matter.


  • October 08 2013
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We use eContracts - the minute you sign, you have a copy on your computer.  

Now for the main question - how do I get my keys back and get out of the contract?  If the agent works for a Broker, the contract belongs to the Broker, not the agent.  Contact the Broker about your concerns, they may solve your problems and fears.  If they are an "independent agent" your only recourse will be with the Real Estate Board in you area.

Good Luck.
  • October 08 2013
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Profile picture for bostoncj
The reason I ask is because I had some problems with the Agent due to many mistakes on her part just 24 hours after I listed. I wrote stating I did not want to move forward. The Broker for the company refused to let me out of the contract and also will not give me back the keys and fobs to my property. The Agent has the keys at her private residence. Is that normal for an Agent to not leave the keys at the Agency, but keep in their home?
  • October 06 2013
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Usually a client will receive the copy as soon as it's executed (signed by all parties).  

Contact your agent by email and phone and ask what happened to the copy, it could just be an oversight.  If you still don't get answer, call the broker and ask for the copy.  It'll turn up.

GOOD LUCK.

Scott Miller
Boca Raton, FL
  • October 06 2013
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Profile picture for Outer Banks N C
There is no set rule, that I know of, but I would think they could hand you a copy the minute you sign it. I can't imagine there is an office that does not have a copy machine. I use to write them on the hood of my car but I would mail them a copy when I got to the office. Today I scan them and email a copy that day. Just call and ask for a copy.


tim
  • October 06 2013
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