Agent Cheated me .. It is against the LAW?

[tamholt]

**A: that is not all the information you have.
Let's start from the begining.
Look at your listing contract and see if the brokerage side signed it. Then state exactly word for word, what the contract heading reads ie. EXCLUSIVE RIGHT TO SELL, EXCLUSIVE AGENCY or..........
Next, confirm if the property was or was not in MLS. If not in MLS, why?
I will ask for more information later.

The top of the contract states:

Mutliple Listing Service, Exclusive Authorization and Right to Sell, Exchange or Lease, Brokerage Listing Agreement.

At the end there is a signature for Broker's Signature - that is empty
There is a line for Desinated Licensee - that is signed by our agent Mr. Smith.

Is that what you are asking for?

As I was going through the paperwork, I did notice we did sign a Consent to Act - gives Mr. Smith the right to represent more than one party. It does say "may, in the future elect to act for" ..... However, the interesting part is we signed it the same day we signed our contract. This would tell me that Mr. Smith knew that he was going to sell it to his investor friend, Mr. Jones. Since it says "may" does he have to have a us sign another Consent to Act that says he "will" be representing ...?

 

[Some Random Guy]

Actually the wording of the contract that you quoted seems pretty standard. Often, there will be some additional text after "may, in the future elect to act for" that will require disclosure of that relationship.

So even though the agent may be cheating you, the contract doesn't seem unusual.

 

[seniorjudge]

Q: Since it says "may" does he have to have a us sign another Consent to Act that says he "will" be representing ...?

A: No, "may" includes "will."


"In dozens of cases, courts have held may to be synonymous with shall or must...."

Black's Law Dictionary, 7th Edition, Bryan Garner, Ed.

"Shall" is that dictionary is defined as, among other things, "will" or "may."

 

[HomeGuru]

The top of the contract states:

Mutliple Listing Service, Exclusive Authorization and Right to Sell, Exchange or Lease, Brokerage Listing Agreement.

At the end there is a signature for Broker's Signature - that is empty
There is a line for Desinated Licensee - that is signed by our agent Mr. Smith.

Is that what you are asking for?

As I was going through the paperwork, I did notice we did sign a Consent to Act - gives Mr. Smith the right to represent more than one party. It does say "may, in the future elect to act for" ..... However, the interesting part is we signed it the same day we signed our contract. This would tell me that Mr. Smith knew that he was going to sell it to his investor friend, Mr. Jones. Since it says "may" does he have to have a us sign another Consent to Act that says he "will" be representing ...?

**A: why did the broker not sign the contract and why was the property not in MLS? There is something fishy that went on.

 

[tamholt]

So, there is suppose to be a signature in the brokerage line as well as the licensee line?

I contacted the Las Vegas Board of Realtors and they couldn't find the MLS listing.

 

[BradleyS]

Depending on your listing agreement, state laws, and policies of the Brokerage----

Our listing agreements that we use, and my company policy, the REALTOR representing the client or customer may sign their own name. But they must have the Brokerage Name written as well.

Question:

Does your listing agreement have a clause on how may days the REALTOR has to list/post the property on the MLS?

Does your listing agreement have a "continue to market" after receiving contract clause?