Listing agreement is expired but still active in the MLS, now what?
Yesterday I had one of these “I can’t believe this is happening” moments again.
Seller signed listing agreement that said it will expire on Jan 10. In-house listing sheet of this broker said that listing will expire on Jan 9th. So, here I am, thinking I do not have a problem meeting with the seller on Jan 11th to get the listing. On Jan 11th I check BEFORE meeting the seller and saw that it was still active in the MLS. I called the seller and told him that it would be unethical for me to come to the listing appointment because it is still listed. Seller told me that he is leaving the country the next day and won’t be available for about a week and after that only by phone and e mail and that he needed to take care of this TODAY. He faxed over the expired listing agreement as proof and actually went to the old listing office and told them to remove the listing from the MLS (since listing agent had not called him back in 3 days) I met with him, got the listing and wanted to input it in MLS the next morning.
It was still active. I called the listing broker and left a message for her to please remove the listing or call me back. Well after waiting all day (and nothing happened) I called our local board and explained the problem. I could NOT believe what I was told.
In short. My behavior of talking to the seller and getting the listing while another broker (unlawfully) still has it in the MLS, is highly unethical. I was strongly advised to stay out of this situation and have the seller (who is out of town) deal with it.
It gets better, the additional fact that the old listing broker had extended the listing without the sellers ok or signature, in fact AGAINST his wished and instructions is also nothing that our local board and MLS enforcement is too concerned about and at this point they do not see a need to investigate this.
Our MLS rules say that I have to input a new listing within 3 days, the listing is still active and now I am in default for not posting my new listing in the MLS………………………………. On top of being highly unethical.
I am a single agent for the seller – doesn’t that mean I can and should do everything that is in HIS best interest?
I am paying my dues and fees on time doesn’t that mean that my local board should do a little more than calling me unethical?
How is unethical here?
In my opinion it is the board and the old listing broker.
What do you think?