Century 21 Toomey-Lovett

My contracted realtor cancelled the realty listing on [redacted] cancelled an open house which based on a third party comment with an open contract.My home is for sale through Century 21 Toomey-Lovett, Inc. I signed a contract with the agency with [redacted] as the listing agent signed on [redacted] closed the listing around [redacted] or [redacted] due to a third party stateemt indicating that I 'would be listing with another agent.' I did not cancel the contract in writing or verbally - therefore the contract was still binding and should not have been closed without contacting me. At no time did she attempt to contact me via phone, email or text (all of which has been effective as a means of contact.) When I called to discuss why the listing was pulled and the open house was stopped she indicated that the 'bank took the house' I informed her that was not true and had she called me, I would have informed her about the situation (which is another [redacted] file in [redacted] against that company as well. I have a signed binding contract with Toomey Lovett to list my property and feel that by her removing the listing she has essentially sabotaged the sale of the home and at minimum should have contacted the home owner to ensure that she was not misinformed. Even after my contact with her, she indicated that she would have her boss (Mr. [redacted], contact me. Therefore, I am filing a complaint that they did not abide by the signed contract, did not use due diligence to contact the homeowner to find out what the situation was and listened to a third party and cancelled the listing in [redacted] as well as the open house scheduled for [redacted]Desired SettlementServices binding by contract to include [redacted] listing, information sharing and contract cancellation policiesBusiness Response As stated on [redacted] 2015 Century 21 Toomey-Lovett Inc. and Mrs. [redacted] signed a contract with agent [redacted] to list her property at [redacted] XXXXX, from [redacted] to [redacted]Ms. [redacted] and Ms. [redacted] had conversed through email on [redacted] about having an Open House on [redacted] 2015.On [redacted] 2015 Ms. [redacted] received a call from Agent [redacted] of [redacted] He stated that he was a family member of Ms. [redacted] and asked to take over the listing and to call to gain access to the property. He all so asked if I would cancel the listing so that he could list the property. I interpreted this to mean that Ms. [redacted] was seeking to terminate our contract. Mr. [redacted] said that Ms. [redacted] had asked him to call Ms. [redacted] to gain access to the property and have her remove the listing from [redacted] because he was taking over the listing immediately. He told her that he hoped there were no hard feelings. Ms. [redacted] said business was business and gave Mr. [redacted] the code and said she would remove her sign and listing immediately so as not to hold up Mr. [redacted] from listing the property.She gave him the lock box combo so that he could gain entrance to the property. He then called from the property stating that he was given the wrong code. That he needed a 4 number code. Ms. [redacted] told him her code was letters and one the back door. Mr. [redacted] said this was a 4 number lock box and on the front door and there was a notice on the window that it had been taken over by a management company and that the property had been winterize. Mr. [redacted] comment was "The Bank got here first". Based upon this we understood from [redacted] that Ms. [redacted] had lost the ability to sell the property as it has apparently been taken by the bank.Ms. [redacted] spoke with me, her Broker, Mr. [redacted] to tell me what had progressed on the property. It was then decided that we had no access into the property and because of all the circumstances leading up to this, I decided to forego the Open house because there was no way to get in. I then cancelled the advertising because we could not properly show the house. With the indication that Mr. [redacted] was taking over the listing I decided that it would be prudent to cancel the listing because we did not know who owned the house at that time. The other agent had informed us that he wanted us to take it out of [redacted] and that he would be handling it from this point forward.After Mr. [redacted] called us about not being able to gain entry to the home he said he would call Ms. [redacted]. As a result we did not believe it necessary to contact her because we expected Mr. [redacted] was doing so, and that we were following the directions of the owner. A short time later is when Ms. [redacted] received the phone call from Mrs. [redacted] stating that she had no right to cancel the listing without her permission or to cancel the Open House. Ms. [redacted] tried to explain without being able to gain access we had to cancel the Open House and Mrs. [redacted] did not want to listen to her. Ms. [redacted] decided this listing was not one she wished to move forward with at this time. We had no idea that Mr. [redacted] did not have the authority to do this. Being a family member as he called himself brought us to the assumption that he was taking over.Mr. [redacted] spoke with Ms. [redacted] on [redacted] 2015 and offered to reinstate the listing immediately. However she declined.Mr. [redacted] received the Revdex.com complaint by mail on [redacted] 2015 and immediately called and spoke with [redacted]Regards, [redacted]CENTURY 21 Toomey-Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)My letter to the company dated [redacted] 2015 indicated that this matter is being entered into mediation with [redacted] Office of [redacted] XXXXX-XXXX.The referenced open house email discussion between the Owner and the listing agent was on [redacted] 2015, three days before the open house scheduled for [redacted] Not the [redacted] date indicated in the brokers response letter. It was at this time that the open house and listing issues could have been addressed, and the open house could have still been held. This inaction resulted in the loss of showings, possible offers and no advertisement in MLS.The listing was pulled from MLS, and the open house closed without the owners consent on [redacted] pursuant to a third party comment. At no time did the listing agent, nor the broker company - Century 21 Toomey Lovett contact the owner with whom they have a signed contract to discuss before doing so.Several attempts were made by the owner to contact the agent and broker on [redacted] and [redacted] (two days before the open house). At this time, on [redacted] the owner asked the agent why the listing was pulled, why the open house was cancelled, and why the owner was not contacted. At this point the listing could have been reinstated, the open house could have still been held and the issue could have been resolved. However, the agent seemed unwilling to rectify the situation, discuss resolutions, and indicated that "the bank has the house and we cant do an open house since we don't have access." I, the contracted owner, informed her, the agent, that this was not the case, that I did have access to the property, that I am still the owner, the bank does not have the property and that we could have still held the open house as I had access. I at this time indicated that I did not cancel the contract in writing, verbally or otherwise imply that I wanted the listing pulled/cancelled. The agent indicated that you need to speak to my boss." and hung up the phone. Please note, that I called the realty office asking for the broker due to my inability to have my agent return my texts/calls etc. When I called the business, I was not aware that it was my agent who had answered the phone. It wasn't until I asked how to file a formal complaint with the company that she indicated it was her on the phone. At this time, I indicated I had been trying to reach her. She indicated she had no missed calls or texts. I addressed the listing being pulled and the open house and made it very clear - two days before the scheduled open house that I did not want the listing pulled.On [redacted] when Mr. [redacted] called me to respond to the formal letter. I reviewed with him what I have typed above. He indicated that they 'play nice' and usually don't call owners if another realtor asks them to take the listing over. He also stated this in his letter/response. I asked him if he received my message from the realtor on [redacted] and if he was aware of my phone call? I asked if he was aware of my concerns at that time regarding the removal of the listing and open house. "Mr. [redacted] indicated, I might have heard something to that effect." I also asked him if he understood he had a fiduciary responsibility and ethical boundaries under his licensure, and that the signed contract was with me, and contact should have been made to the person with whom he was doing business. Again, he indicated that it is customary to take third party direction. I again reminded him that I made multiple attempts to discuss that this was not my wish to cancel the listing, open house or contract. Had they returned my calls/Revdex.com claims they would have known I did not want the contract cancelled. He indicated that the Revdex.com claims must have gone to spam folder and he was unaware of them.I feel that as the contracted homeowner, the multiple attempts to rectify this situation were handled poorly. My phone conversation with the company owner, broker, did not resolve any of the issues at hand. He verbally indicated that he felt entitled to close/cancel the account based on a third party and felt he did nothing wrong. His offer to relist the property was offered during a very heated and arbitrary conversation. The issues were not being addressed and he appeared agitated and angry when he indicated, "Fine! Ill just relist the [redacted] property if that's what you want!" I am still under the impression that I did not cancel the contract - verbally or in writing. I did indicated that the conversation seemed to be going in circles and we were not addressing the issues and that mediation seemed it would be necessary. Mr. [redacted] then appeared quite hostile and agitated, and said that it was my word against his, and that he had a better chance of proving himself than I did. It was at this time I again stated that it appeared we needed to enter mediation to amicably settle the contract. The agent up to this point has made no contact and the conversations with the owner/broker were not professional.I did not cancel my binding contract. I feel that there was, and still is a contractual obligation to have listed the property. My response to his offer to relist the property was, "I feel as though you agencies actions and current view towards to property pose a conflict of interest and you appear hostile. We seem to be going in circles and I don't feel as though you are offering me the services to which I am legally entitled. Your actions have resulted in losses that have affected me negatively." Because issues were not addressed in a timely manner, there appeared to be great reluctance to address the issues with professionalism, and I was not reassured that the company understood that I was entitled to legally binding contracted services and entitled to be called before changes were made. I was not able to have a professional discussion regarding events, contract, or the options that were available to remedy them would have been helpful.Therefore, because of these issues, as I stated in my formal letter to the company on [redacted] 2015 I am entering into mediation. I am citing Breach of Contract, Breach of Duty and Negligence. To date, I still have not cancelled the contract either verbally or in writing.