Can seller re-list his property as active on MLS?

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Can seller re-list his property as active on MLS?

We are still in the process of negotiating the distribution of escrow. Our original settlement date was May 20th, but the seller re-listed his house as active on MLS. Is it legal? Can I use his intention of re-listing his property for my benefit during mediation?Thank you.

Asked on May 23, 2009 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what I understand of your question, you had a contract to purchase a house, put money (probably the down payment?) in to escrow and then the deal fell through.  You are now negotiating the return of the escrow through mediation.  You are not in the process of purchasing the house any longer, correct?  Usually, when a contract falls through (and considered null and void) the seller has the right to re-list the house.  You don't appear to want the house any longer only your money back.  If there are more facts that you did not mention that would make a difference in the matter please re-submit your question.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

My understanding is that it can be on NMLS up until the closing but must correctly state the status.  In other words, usually it would say under agreement or pending sale or something to that effect.

To best check on this particular matter in your state, and to determine whether it is the seller (is he or she a broker?) or the seller's agent or broker who is listing it is active and not correctly as under agreement (purchase and sales agreement), contact the Maryland Real Estate Commission.

Aside from mediation issues (if it comes to that), you may need to file a complaint against such agent or broker for ethics violations. http://www.dllr.state.md.us/license/occprof/recomm.html


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