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#193632 - 01/14/08 04:19 PM If contract is expired, but still on MLS, do you have to show?
sweetmp Offline
Junior Member

Registered: 01/14/08
Posts: 2
Loc: California
If the contract is up between the realtor/homeowner, but the agent has not removed your listing from the MLS service yet...are we legally bound to still show the home we are renting? It was not removed while the agent was on vacation and I refused to show it because I had been told the contract was up and they would keep the home off the market for a few months at the least and that we might sign a lease with them instead. Now the realtor told the owners who are out of state, that I have to show it legally because it was still on the MLS when another agent called (even though the contract was up and it is not our fault the agent did not remove the listing). This is in Northern California. I was a paralegal in Southern California and never heard of such a law. Have you?

Thank you for your time and answers.

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#193639 - 01/14/08 04:35 PM Re: If contract is expired, but still on MLS, do you have to show? [Re: sweetmp]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
You need to talk to the owner to find out what the status is. Your lease agreement should also spell out what the agent can or can't do. You might ask the agent for proof that the property is still listed.
Listing expire automatically in the MLS on the dates written on the contract, unless they have been extended by the owner.

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#193662 - 01/14/08 05:18 PM Re: If contract is expired, but still on MLS, do you have to show? [Re: pikes peak]
sweetmp Offline
Junior Member

Registered: 01/14/08
Posts: 2
Loc: California
Thank you so much Pikes Peak.

Well, the owner does not seem to understand what is going on. According to the MLS listing it was listed on the 10th of July and the owner said it was a 6 month contract. So we were under the impression it was off the contract on the 10th? The owner was under the impression it was off contract somewhere between the 7th and the 10th. The agent told the owner that even though it was off contract when the other agent called to show it to her client, because it was still showing up on the MLS...we legally have to show it. So now that it is off MLS today, I still have to show it again to a person who called this weekend.

The calculations would make it 188 days before it went off the MLS or 6 months and 4 days. Would that be common to extend a contract that long? I know the agent was hoping the owner would sign another contract so could they have extended it hoping the owner was going to keep it listed?

I was also told that I supposedly told the agent (the woman with the other real estate company) that we were in a one year lease and I refused to show it. I did not tell that agent anything about a one year lease (only that the house if off the market)...I only discussed that idea with the agent who had this house when we discussed the options since the house is not selling and the owners do not want to come down in price. I told him, yes, we would probably be interested in signing a one year lease (but I could not speak for my husband) and he said he would discuss it with the owners. Now I feel like something is fishy here...

Thanks for the input. I do appreciate the insight!!!

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#194946 - 01/19/08 01:49 AM Re: If contract is expired, but still on MLS, do you have to show? [Re: sweetmp]
Alan From Florida Offline
Veteran Member

Registered: 05/10/05
Posts: 906
Loc: Tampa Bay Florida
Pike peak is correct. Forget all the calculations and worrying about the current listing and the MLS. You are not a member of the local board nor a member of the MLs system therefore whatever they say is not binding on you. That is between the owner and agent. All this comes down to, is what is negotiated out between you and the owner. And no just because it’s in the MLS do you have to show it. Once again whether you have to show it is between you and the owner. And as to the lease no you do not have to show it. Again that is the actual owner’s reasonability that would have to disclose the lease to potential buyers as well as provide a copy. When it comes down to you and providing a copy if the current owner sells the property unless there is a provision that says the lease is terminated upon sale then the new buyer has to accept the property with the present lease in place including terms.
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