Profile picture for carmen108

Why would a house have a real estate for sale sign on yard but not appear on MLS?

  • February 26 2012 - Bolingbrook
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Answers (18)

I'm sorry; I misunderstood. I thought YOU were paying the full commission. If you weren't a party to the listing contract, I don't see how you have any standing in the matter.
  • February 10
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Profile picture for wetdawgs
The executor is right, it is the executor's decision.      As you didn't hire the agent, it is possible the agent was meeting the executor's expectations.    As you didn't hire the agent, even more reason you can't step in and refuse to pay commission. 

I've been in the executor role more than once, it is a thankless position.   It is common for there to be a lot of beneficiaries telling the executor what s/he is doing wrong. 

good luck. 
  • February 10
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Profile picture for t5142242
It's an estate sale....I'm 1 of 2 beneficiaries. I did request that a new agent be hired but the executor said it was his decision. I'm sure my next step is to a lawyer. Now that the condo has sold (48K below appraised value...OMG) I just wanted to stop any commissions before the agent is paid.
I did call the mortgage broker of the real estate firm to lay a complaint.....he'll call me back tomorrow. Then I'm going to lodge a complaint with the real estate board.
Thanks
  • February 10
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Well, I feel for you, but I think a judge is going to wonder - aloud - why you didn't fire the agent and get a new one.
  • February 10
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Profile picture for t5142242
I did complain about her incompetences as I became aware of what she was (specifically wasn't) doing. She kept putting me off by saying things such as:
1. your strata doesn't allow for sale signs. What a bunch of bunk considering many condos in the area had signs up.
2. I took the pixie-link down months ago (but it remained up until Sept 1).......the original listing was Mar22
3. Sorry, had the wrong info for the fact sheet......which took a further 2 weeks to remedy.
My biggest concern was not putting up a for sale sign for the first 72 days it was on the market. The condo is in a high traffic place and we missed all the drive-by and walk-by traffic for 72 days.
When the condo was listed in March sales were very brisk in the area and within our 6 unit strata (2 sales....1 in Feb and 1 in March). Because nearly 2 1/2 months passed before the sign went up prices started to taper off in June.
  • February 10
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We're not going to be able to adjudicate this here, Debi. As Wetdawgs pointed out, the time to discuss the commission was when these actions occurred.

Among the things you will be up against: the brokerage has the right to place a lien on the property for the commissions, which means that, as a practical matter, your sale will not close unless you release the full amount of the commission; the selling office may very well bring suit for an owed commission if you block the sale; and the brokerage will likely hire an attorney, who will ask you why you allowed this agent to keep the listing when you weren't satisfied with their work?

This is not meant as a defense of the agent, but to illustrate how it is damaging to let unsatisfactory work continue. If you had complained on Day 2 that there wasn't a sign up, if you had complained the following day when the strata information (I don't know whether commissions are lienable in Canada) was incorrect, if you hadn't accepted a seventy-two day wait to get a sign, you may have had to hire a different agent, but you might not have missed out on all those leads, either.

Regrets,



  • February 10
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Profile picture for wetdawgs
As mentioned previously, these are issues you should  have been dealing with as they happened.       You can't change the terms of the legal contract for commission after the property is sold.

You can write a review for the listing agent on places like Zillow.   Be factual, but share the truth.

  • February 10
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Profile picture for t5142242
thanks for your quick reply. My question is the agent simply didn't post a "for sale" sign for the first 72 it was on the market until I complained.Next, once the for sale sign went up the agent provided incorrect strata information......that took another 2 weeks to correct, The pixi-link on the MLS directed viewers to a different condo down the street to view the floor plan. We lost many deals as a result of her incompetency.
  • February 10
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Profile picture for wetdawgs
@t5142242:

You are obliged for the commission you agreed in the listing contract.       If the agent did not perform as you expected during the listing period,  the time to discuss that was when they occurred. 
  • February 10
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Profile picture for t5142242
We are dealing with an estate sale. The agent listed the condo Marr 22, 2014 but didn't put up a "for sale" sign for the first 72 days it was on the market. Once the agent finally put up a sign she then posted an incorrect fact sheet about the condo.....that took another 2 weeks to have corrected. The agent also had the incorrect floor plan listed on the MLS site until Sept 1, 2014. The condo finally sold for $48,000 less than the appraised value in Dec 2014.
Am I obligated to pay the full commission?
Thanks,
Debi
  • February 10
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It could be a bank owned property. Some banks require the sign to be posted before the property is placed on the MLS for sale or any of the reasons the other brokers gave above.  Just call the number on the sign and you'll find out what is going on. Good luck in your search.

  • March 04 2012
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Sometimes kids will move signs around to homes that are not for sale.
I suggest you call your Realtor ask them to investigate it for you.
We have a lot of great tools and knowledge to help in situations like this.
  • February 28 2012
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Profile picture for sunnyview
Some agents in my area put the sign in the yard about a week before it goes on MLS to either gauge interest, try to double side the commission by representing the buyer/seller or because the property is still having work done before listing.
  • February 27 2012
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It could be an expired or sold listing and the sign hasn't been taken down yet. It could be a property not listed through the MLS system. It could be a new listing that hasn't made it to the MLS yet. Or the sign could have simply been installed in the wrong yard (I've seen it happen more than once).
  • February 27 2012
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How long has the sign been in front of the house? If it was just put up, then it can be that the sign arrived before the listing was entered into the MLS.
Also, it may be an exclusive listing to a specific office and in that case it would not be entered in the MLS.
  • February 26 2012
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How long has the sign been in front of the house? If it was just put up, then it can be that the sign arrived before the listing was entered into the MLS.
Also, it may be an exclusive listing to a specific office and in that case it may not be entered in the MLS for a SHORT while.
  • February 26 2012
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Do you mean the Zillow MLS where most Chicagoland properties do not actually appear or the real Realtor driven MLS?
  • February 26 2012
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It may have just been listed but the information is not in the listing service yet.

The owner may not have access to the listing service.

 Realtor may want to test the market to see how many inquiries they get from traffic before listing it.

Just some ideas.
  • February 26 2012
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