A Realtor uses my home as a pocket listing. Am I obligated to use her?

Q: My home is for sale in Brooklyn. I have spoken to a realtor that took it upon herself not to list it, but rather pocket list it and bring her own customers to look at the house. So far, 4 months later we haven’t sold it. She has now included other realtors to bring their clients but still has not listed it. I haven’t signed any contract with her as of yet. Am I still obligated to use her or may a search for a new realtor?

A: New York State law says that the only binding agreements between a seller, like yourself, and a broker, such as the one you described, are only valid if they are in writing. You indicated that you never signed any agreement with this broker. Therefore, you are free to choose any brokerage and list your property for sale with that brokerage.

Filed Under: Legal, Selling