I hate putting too much personal info out about myself, but for this I will because I want the whole situation to be fully understood.

My husband lost his job 3 months ago & we got behind 2 months on our lot rent. *We own our manufactured home, but we still pay for the lot our home is on* The park filed a court order for eviction & went through the whole process. We knew we were behind but thought we had some time to pay. We went up to the office to talk to the manager about our situation & she wanted us to speak with their new realtor. We went over the options with them & the realtor asked to come look at the house. When she got in our home she told us that a police officer would be coming to our home to evict us & from there we had 2 choices. We could just hand the title over to the park & receive nothing, or we would have the home removed by the police & would have to pay for it & still be evicted. The realtor told us that if we put our house up for sale with the park that they would be more willing to work with us & it would buy us more time. Me & my husband both felt like it was our only option & that we had to do it so we wouldn't lose our home. So we signed the contract. It didn't buy us more time & we have been lied to CONSTANTLY along the way. We were told the house would be shown & it never was. I cannot even get in touch with the realtor because she is always out of the office & right now she is on vacation until Tuesday. I want out of this contract & I need to know how to go about doing so. When I called to speak to the realtor I was told she was not in & so I spoke to the park manager who told me there was no way we could terminate because it was a legally binding contract. I am willing to pay ANY fees that the realtor acquired with listing our home, that's not even an issue! I just don't know what to do at this point & I could REALLY use some input. Thanks in advance
~Kari

First I would suggest speaking with the broker in charge of the real estate company where this agent works. Explain the situation and ask for the listing contract to be terminated.

If that does not work, speak with the REALTOR association that this person is a member of and file a complaint.

Finally, if those 2 options do not work, call your state's real estate commission.

Also, if possible consult with a local RE attorney ASAP.

No legal advice given.

The bigger issue is not selling your home but what you signed and also what your rights are according to the lot contract.

You have to remember you have hard times but the owner of the park still pays the bank. If you worked with everyone with a sob story you would be broke as an investor.

I tell people if you don't pay you don't stay. Every other expense comes secondary to having a place to live. It should be a place to live,food,clothing,medical,utilities and everything else is a luxury.Remember the park manager and the REALTOR represent the seller. Even if you have rights they have no obligation to educate you because you are not their client.

You need to take all of your documents and go to a real estate litigation attorney for a consultation. Even if you have no money for future meetings they will give you helpful info based on your situation to determine how to proceed.

You might find paying the lot rent is better than having the costs of moving.

no legal advice

"We were told the house would be shown & it never was."

That is your issue? Maybe I'm not following you but it seems you're upset that no one was interested in seeing your home.

I would say follow the advice of Mark Brian. Im not sure if you actually have grounds for a formal complaint, but the Local association would likely get in touch with the listing agent and put them on notice that she needs to contact you. Go to that extreme, I would bet the Broker would let you out of the contract.

* Not Legal advice. Im not a Lawyer but I watch Judge Judy.

The rent is paid in full so that's not even the issue here. I apparently forgot to mention that. My point was, was we are unhappy with our realtor. She is working for both me & the buyer so she makes DOUBLE commission on selling my home. So she does work for me AND the buyer. We WERE behind in rent, but had planned on moving anyways because my husband was offered a job in Florida. When we WERE behind in rent we were told by the manager & realtor that if we listed our home with them it would buy us more time to get it paid & they would not evict us. Anyone get what i'm saying? We were lied to & felt forced into listing our home with our community because we were told all these things. It doesn't really matter anyways because I posted an add online & sold my house today. But thanks for the few of you who actually had input & wasn't out to just throw rude comments in. And last time I checked NOT having a place to live couldn't kill you....not having food & water CAN. SOOOO I wouldn't count that as a luxury....I really hope you never fall on hard times & get behind on bills because you OBVIOUSLY wouldn't make it very long if you think having a place to live comes first.

Many times, unless they're going to be moved, Mobile Homes cannot be sold to anyone without that Buyer first being "Approved" by the Park Management.

Here, we run into situations where the Buyers must be above a certain Age, or agree to Park stipulations regarding Conduct, or restrictions regarding Number of Occupants. We also have some Parks that have strict guidelines regarding the Financial/Credit Status, and most recently, some Parks require a Criminal Background Check BEFORE someone new may take up residence in the Park. Approval is not automatic.

I have found that sometimes selling a Mobile Home on a Rented Lot in a Park is more complicated than selling a Stick-Built home on its own land. And moving a Mobile Home to another location (even if you know where it is going), can be more costly than the value of the Unit . . . . especially if any structures or porches have been attached.

Just an observation. Everything in this discussion hinges on getting a clear understanding of the "Contracts" you have signed:

1) the "Contract" for renting or leasing the Lot that the Unit sits on . . . . and;

2) the "Contract" you signed for attempting to sell the Unit. If you signed an "Exclusive " Agreement to Sell the Unit (you may find that you still owe a Commission regardless of the fact that you found the Buyer); and

3) the "Contract" that you apparently just signed to sell the Unit to someone else. Do they have to move it, or are they expecting to keep it parked in the same location ?

Read all of your Contract(s). Look for where the three of them might conflict with one another. Good luck !

Some are always "THE VICTIM"

"The rent is paid in full so that's not even the issue here. I apparently forgot to mention that."

Of course and that's why you don't come onto forums to solve problems. People always omit or slant a situation in their favor.After almost 8,000 posts I have seen it many times over the years. You cannot solve legal issues over this forum.

You seem to have it "all figured out".Good luck.

I didn't realize I was making myself out to even look like "the victim?" I was ONLY asking "on what grounds can I terminate my listing contract" I find it EXTREMELY hard to believe that i'm the first person EVER to be unsatisfied with my realtor!!!???? I'm sorry that MOST people feel like if they are paying a 10% commission to their realtor, then they BETTER be doing their damn job!I shouldn't have to do it FOR them. I don't even know WHY SOME people feel the need to even respond to this since it's obvious you have nothing worth of value to add. Must take HUGE balls to sit behind a computer & TRY to be an [censored] to someone you don't even know! I was in NO way trying to get "legal advice" I came across this site & I THOUGHT from the few posts I had read that this would be a good place to ask & try to get some advice....

~Vermont
The woman who purchased my home is planning on keeping the home in the community. She was approved by the park. Here they always run a background check because they do not allow sex offenders or criminals in here. But she's all set to move in next month. Thank you for your input!

It seems to me that you're upset that you were "lied to and forced to sign" the listing agreement in order to avoid park eviction. Which you did and they didn't evict you.

Then later, you paid up the past due amount of your rental fees and therefore you were no longer going to be evicted, right?

Instead of canceling/withdrawing your home's sale and "firing" your Realtor that way, why did you decide sell it?

I had a sheriff show up at my house so they didn't give me more time like I was told they would. I had to sign over the title to my car to get a loan to pay it up that same day or else we would have been evicted.
I was told I was not allowed to terminate the contact by the park's manager. I wasn't able to get in contact with my realtor who works for the park because she's always out of the office.

We wanted to cancel the agreement & just sell our home on our own because we had a few people who wanted to buy it from us & we were just not happy with the job our realtor was doing. We decided to go ahead & sell it anyways because we are moving to Florida & are closing on our house down there in 2 weeks.

No one will fully understand every aspect of what i'm saying or the reasons behind it, but my main point was that we were unhappy with our realtor & wanted to get some advice on what possible options we could try. I have never dealt with anything along these lines & thought maybe someone on here had been through a similar experience.I was just looking for options that maybe we had not thought of.

Then you were told the wrong thing - you can pull your house off the market at any time.

No one can force a listed seller to take it all the way to escrow -- it's your right to list, cancel, temporarily take off the market or give it away for $1.00 in Chuckee Cheese tokens, if you so desire and you're not under Court Orders to do otherwise.

I wish you would have come around the forum earlier, KD. We could have helped.

I wish I would have as well. But thank you very much for your input. I know it's my right to sell my house myself or through a realtor, I just wasn't sure if I could legally get out of the listing contract without being sued or anything along those lines. I hate that I have to pay someone 10% of what I sold my house for, when they did nothing to even earn that commission & I was lied to the whole time. I really can't complain though, my house is still sold & I can still buy my new house in Florida. It all worked out in the end.
Thanks again.

I wonder why the people you had who wanted to buy your home didn't go through the realtor? I'm not sure I would want to do business with someone who wanted to circumvent someone's realtor. I'd wonder how honest they were. In fact, qualified buyers work with realtors. People who want to deal directly with owners are usually not qualified. I wish you luck and hope your sale goes through.

The people who I had to buy my home were investors. One of them wanted to buy my home & move it out of the park & for that they wouldn't have to get approved to live here. The other person buys & sells manufactured homes & have purchased homes in my neighborhood before so they have already gone through the realtor.

Unfortunately, this (or these) don't sound like very solid prospects; but both hypothetical. Up above on Sunday, June 27th, you were reporting that you had "sold" (past tense) the Unit meaning that they given you the Money, and in return, you gave them the "Bill of Sale". It doesn't sound like it has actually been "sold" now, on June 29th.

We have a lot of "Wishful Thinking" in this business, and sometimes, people can almost will events into existence . . . . but most of the time, it remains just hope. Have you received any money? Did you sign a Bill of Sale? If not, the Unit is not sold.

I had 2 offers to sell my home for cash. I obviously didn't accept it because I wasn't sure if I could get out of the listing contract. Yes, I do have a copy of the purchase agreement that was signed by me & the buyer. She is a cash buyer & will be closing on the house in 2 weeks. Can she back out...I don't know. But if that happens I will sell my home to the investor who I know wants it & pays cash. We have to close on our home in Florida on the 20th of July so we have to get the money from this house either way.

In my opinion this is a very tricky situation. Best left up to Attorneys and such. Good Luck!

No, she is not making DOUBLE. She is making FULL commission, unless you signed an agreement doubling the commission you pay when she brings the buyer. I don't know about your area, but here, if my contract says n%, I do not get n%x2 if I sell it myself....I get n%. If someone else sells it I get HALF the commission.... n%/2.


Just had to clarify that.

Just an FYI in FL an agent can not sell a manufactured home if the land it sits on does not go with it. If it is on rented land we are prohibited by law to list it. Kind of O/T but since it was a MH and they were moving to FL I thought it germain for educational purposes.

KD, you did not list your MH with your "community", contrary to what the park mgr and agent may have told you. if the agent listed your MH, the agent and his/her broker were working for YOU. also, in order for a buyer to be represented by your agent (dual agency), YOU must approve that in writing. it sounds as though the agent was buddies with the park mgr, and they both misled you. if you can prove this, that alone would probably constitute legal grounds to terminate the listing agreement, and to file a complaint with your state's real estate commission.

no legal advice