As if I needed more to worry about

[JDJ925]

I wanted to know if anyone else has had a similar problem:

A month before I was diagnosed, we put our house on the market. Naturally. I didn't think it was a good idea to keep it for sale after I found out about the AN, because I won't be able to even think about a move for weeks (months?) after the surgery. Not to mention the fact that I dont' want potential buyers walking through the house during my recovery, and having to make important financial decisions while recovering.

I told all of this to my real estate agent (or as I like to call her, "The Spawn of Satan"), and her response was that if I tried to break the listing contract, for whatever reason, my wife and I would be sued for the cancellation fee (about $3000).

My wife has been looking on the internet to see if there's anything in Florida law that allows one to break a contract without penalty for medical reasons, but so far hasn't come up with anything.

Has anyone else has a similar experience?

-JD

[Kilroy1976]

Do you have a copy of the contract that you signed with said Spawn?

[HeadCase2]

  Sorry to hear about your problem with a real estate agent.  I've always thought of them as pimps in suits.    It may be worth letting the agent know that the house is going to be a mess, and perhaps un-sellable during this period.  And that perhaps the best plan would be to postpone listing the house for some period of months.  They may be amenable to modifying the listing to a diferent time period.  Listing agents may be loth to let a listing contract expire by putting off listing/showing the house, especialy now that the gloves are off.  They know you would now list with someone else after this contract expires. 
  Try talking to the management of the listing agency.  Let them know that it may be difficult to sell a messy house, or show a house with the occupant on the couch with a head wrap, etc.  Also let them know that the listing agent has been less than helpful in a medical emergency.  I'm sure they would not want it known that they would respond so poorly for someone with a brain tumor.
Good luck,
  Rob

[FlyersFan68]

    My advice would be to not sit in the middle of the fence leading the agent to believe that it's possible for you to do this but you would just rather not sell right now. I would come off strong by saying that there is no way no how you can handle this right now. I would assume that the only person that can overturn the contract in any way or even rewrite the contract would be the owner/general manager so I would call that person directly and let him or her know your (brain surgery) situation and the fact that you did not know about the tumor prior ro signing the contract. My feelings are that the agents will lead you to believe there is no way out but once you speak to the owner of the franchise I am sure you will see a whole different side of things and much more proactive. The agent most likely won't even mention your situation to their office manager let alone the president and owner. My advice would be to get a hold of the president and go over your agents head. They probably have a website with the owners name and phone number. If that fails then I might consider contacting the president of the corporation. All the big real estate companies like Coldwell Banker, Foax & Roach, Prudential, C21, all have corporate offices and they MAY be able to assist you with your dilemna. I do feel that your best option is with the owner or office manager of the company you signed on with. I personally would expect the agent to feel sorry for anyone (which is sad) but some people can become very greedy and ruthless. Your agent might actually be very nice and obviously needs the money and listing right now but you are the one in the unfortunate situation so a few phone calls will probably clear all your worries. I have some friends that were in real estate and they were good friends and lots of fun but when it came down to getting listings "Man Look Out"  since they become extremely aggressive, competative and many times selfish. This attitude may have helped you if you were to sell but unfortuately it's going against you right now but anything is possible.

[dgrummer]

Don’t you still have to give permission for them to show the house?  It’s still your property and I wouldn’t think you’d have to let her and strangers in the front door if you didn’t want to.  Just don’t let her show it to anyone.  You have the right to refuse any offer.  If you haven’t agreed to put a lockbox on the door yet – don't.  You also aren’t required to have a sign in your yard – unless it is already stated in your contract.  She may have your listing – but she’s not going to sell it if she can’t show it.

And if she works for a larger agency – I’d defiantly discuss this with her boss – or even the real estate commission.  Her business is dependent on her reputation – you think she’d be aware of how forcing you to stay in your contract under such circumstances doesn’t make her sound very client friendly. 

So glad we sold our house ourselves!

Good luck!

[FlyersFan68]

Some contracts expire in six months so maybe you are close?? Is your contract based upon contingency??

[becknell]

JD — My husband and I also had put our house on the market with an agent before his diagnosis of An last year. When he was diagnosed, we just told the agent that we didn't want to sell the house and he took it off the market. HOWEVER, we were still bound by the contract in that we could NOT sell our house until after the contract expired without owing the real estate agent the commission. They can't MAKE YOU sell your house.  You can refuse a buyer's offer for any reason, so I don't see how your agent thinks that he/she can sell the house if the seller doesn't want to sell it.. And they still have to have your permission to SHOW the house. They can't MAKE YOU show it. I think your agent is full of S*** if you ask me. But I don't live in Florida, so I am not familiar with Florida real estate law. Jennifer

[Larry]

JD,

Agree with all the other comments. I also suggest that you advise the agengt that you now want another 50% for the house. The agent won't show anyone in then. Also, keep the house in a mess 9i can send my daughter over, she will meet this goal (lol). Just let the contract expire. Post op and recovery, then put the house on the market with a different agent.
You need to show them who's boss, after all it's your house.
Read your contract well - you will probably find that there is no monetary penalty but you can't give the house to another agent during the contract period. if you do sell it during this period, the contracted agent will be due their commission.

There are some similarities in this situation with my pre surgery process. My ent said - you need an op straight away etc..... i wish i had have received other advice.

[JDJ925]

I wanted to thank everyone who responded.
I took the advice that a few of you offered and called the broker directly (after the agent said there was no need to "bother" her with this). The broker agreed almost immediately to terminate the contract without penalty. I think she realized it would be very bad publicity if they tried to force someone in my position to pay a large cancellation fee.

-JD