I met Mark ** (broker) from ReMax Pasadena in mid-December, at an open house in the community, where I was about to sign a contract on an inventory home. I told him I needed to lease my current home, gave him a brief description, and he told me he could get it leased in 2 weeks. I was surprised, but he said he gets calls everyday for rental homes. I signed a contract on the inventory home, then called Mark's assistant, Tracy ** (who was with him at the open house), and signed a contract for them to lease my house on 12/23/11. They agreed that my rent amount of $1,700 per month was good, considering I was providing lawn service. A week and a half later, the property had been shown only once. I spoke with Tracy on the phone, to find out what was going on, and she told me that realtors were calling and telling her that $1,700 per month was too high. I lowered the price to $1,600 per month, still including lawn service.
I think my house was shown just one time in the next 2 weeks, so I told them to lower the rent to $1,500 per month, but no lawn service. Meanwhile, my mortgage company for my new house I was purchasing, is pressuring me for a lease agreement, as without a lease agreement for 1 year, I won't qualify for a mortgage. Tracy showed my house a week ago (1/25/12), but I did not hear back from her the next day, even after calling her for feedback. I called Mark the next day (Friday, 1/27/12), and told him it's been over a month since they have listed my home, and that I need a lease agreement by the weekend, because I was supposed to close on my new house on 1/31/12. He told me he has a couple of people interested, and he'd get it leased by the weekend. I asked him what happened with the people who looked at it 2 nights ago, and he said he would call me back when he got back to the office. He never did. I called Tracy and left a message. When she called me back, she said that the people who looked at it were nice, but they had a dog. My ad clearly states no pets, and Tracy knew that since she was the one who listed my property. I was not happy, because every time my house is shown, I am supposed to be gone, and it is inconvenient.
I depend on my realtor to qualify people before showing my house. I told her I wanted to terminate my contract so I could find another realtor who would provide a better service. She apparently spoke with Mark about it, then texted me back, and said they would not do that. She said Mark would call me back, and she assured me they would get it leased. Mark again did not call me back. I thought for sure that they would be showing my house over the weekend, because of what Tracy said, and Mark had told me earlier in the day. My house was not shown at all over the weekend, and it was a beautiful weekend weather-wise, and that is when people are out looking at houses. Meanwhile, my mortgage company told me I could close as late as Friday, 2/3/12, but after that, my locked interest rate would expire (and I will have to pay even more money than I already have to get the same rate). On Monday morning (yesterday), I emailed Mark and told him I wanted to terminate my contract, because I was dissatisfied with his service, and tired of his empty promises.
He wrote me back, and said he had a woman who wanted to come look at the house at 3:30, and did I still want to terminate the contract? I said no, I'll wait and see what happens. So I left my home at 3:15, and went home an hour later. Since no cars were there, I assumed Mark and the woman had already left. I called him to find out the outcome. He hadn't even come, because the woman changed the time to 5:30, yet, he did not call me to let me know, so I wouldn't leave the house unnecessarily. So 5:30 comes, and I left the house again. The centralized showing office called me while I was driving, and said another realtor was going to show the house also at the same time, and I told her to contact Mark, to see if that was okay if they showed up at the same time. An hour later, I called Mark to see if I could go home (if everyone was gone), and to find out the outcome of the two showings.
He didn't answer his phone, and my call went straight to voice mail. I left a message and asked him to call me back, as soon as he got the message, so I knew if it was okay to go home. I waited about 15 minutes, and got no call from Mark. I went home anyway. My house didn't look as if anyone had even been there. A few minutes after arriving home, I got another call from the centralized showing office, letting me know that the other realtor's client did not show up. This morning (1/31/12), I got a call from Mark's office, stating that his customer changed the showing to 5:00 today, so Mark never came, and never even bothered to let me know, so I wouldn't have to leave the house. I was very upset by this time, but since, once again, I was told that they would have a showing later today, I decided to hold off on terminating the contract. I told the secretary at Mark's office to have Mark call me when he is on his way over, so I would know he was definitely coming, before I left the house. I received no call again from Mark. So at 4:45 this afternoon, a couple appears at my doorstep, wanting to look at the house. Since Mark wasn't here, I said I would gladly show them the house. After a few minutes, it became apparent that they thought the rent of $1,500 per month included lawn service. I said no, it was $1,600 per month with the lawn service, and $1,500 per month without. The couple then said that that was not what the ad said.
They said the ad stated $1,500 per month, including lawn service. Again, I was not very happy. Mark did show up, around 5:05 or so, after I had already shown the house. I told him that the ad he had posted was incorrect, he acted like he knew nothing about it. I continued trying to "sell" my house to the couple, while Mark said pretty much nothing. The couple said they still had another one or two houses to look at. They did like my house, but not without the lawn service. After they left, I talked with Mark. He said he still had someone to look at my house tomorrow. I pretty much told him I needed a lease agreement last weekend, but he said he would call me when he got back to the office. After he left, I looked up the listing ad under **, and sure enough, the ad states that the rent at $1,500 per month includes lawn service.
I decided at this point to let the couple have the house at that price with the lawn service, just to get it rented, so I can close on my new house. I called Mark, and told him that the ad does incorrectly state that the yard work was included at $1,500 per month, and asked him to call the couple, and let them know that I would agree to that (but only to that couple, and no one else). He said he would call them, and tell them. I asked him to call me back, but an hour and a half later, he has not. At this point, I could very well lose my new house, by not closing on time, and also lose all of the money that I have so far invested in it. I don't know what to do.