ask george & chuck
Aug. 4, 2008

Lost deeds, agents' duties to clients
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: How can I sell a property that I've been paying taxes on if I can't find the deed? The county shows me as the owner.

Answer: When you purchased the property, the title company recorded your deed with the county clerk's office. The clerk was then supposed to send the original deed to you. If the county recorded it, the deed is a public record. You can get a copy from the county clerk's office.

Dear George: We're selling our home and recently lowered our asking price at the suggestion of our agent. However, he wouldn't reprint the listing fliers to reflect the new price; he used a pen to strikethrough the old price and insert the new one. Also, after a recent showing, he entered in the online-feedback system that our home's asking price is above market value. We think he is trying everything he can to make a quick sale with no regard for us. Can we have a different REALTOR® represent us?

Answer: Online comments are usually for the listing agent to get feedback from other agents who show your home. In your case, your agent set up the system so you could view them. Since the listing agent was apparently also the showing agent this time, he might have simply stated in the comments section to you that he still believes the home is overpriced, or a potential buyer might have made that comment. Nevertheless, your listing agent has fiduciary duties to you as the seller; obedience is one of these duties. Your listing agent must obey all lawful instructions that you have delivered to him. His failure to obey your instructions to print new fliers is a failure to obey. His referring to your asking price as "above market," if he actually made that statement to a potential buyer or another agent, is also a failure to obey a lawful instruction. It might also be a failure of other fiduciary obligations such as confidentiality, loyalty, performance, and care and due diligence.

At this point, you can request a different REALTOR® within the same firm to handle your sale or request to do business with a different real estate brokerage firm. The Texas Real Estate Commission has outlined rules that govern early termination of an agency relationship, such as the one you have with your REALTOR®. Although it seems like you have cause to terminate, you should meet with your listing agent's broker of record and request that he issue you a written, signed termination of his listing agreement. If your REALTOR® is the broker of record or the broker of record refuses your request, contact the Texas Association of REALTORS® at 800/873-9155 and ask to speak with an ombudsman. This program helps resolve disputes such as yours. You can also file a written complaint against your agent with the Texas Real Estate Commission, which regulates real estate licensees in Texas.