Exclusive listing, but Seller is working with another agent

[Nathan Gesner]

Guys, looking for some advice.

I've been working with a Seller to list her property. It's a long story but she was in a legal battle so I've been doing inspections on the property once a month for the last year.  Some inspections were a simple walk-through and some were taking photos. Although she promised to sell the property through me, I still required her to pay me for each inspection ($150 for less than an hour of my time).

I have an exclusive listing agreement to sell the property. It doesn't expire until June 30, 2022. Last week she informed me that she wants to do some renovations to the house and list in the spring, again using me as the listing agent.

The people living there told me in October that she had two different REALTORS visit the property. When I asked her about this, she said they went out to inspect because I was sick. Funny thing is, she didn't know I was sick until after I had already recovered and was back at work. It doesn't add up. Shortly after that, she told me she wouldn't be listing until the spring but she wanted me to list it. Yesterday I got a notice from my lockbox that one of the agents was back at the house. I love technology! He's the top-selling agent in our county, by far, and wouldn't waste his time just doing inspections. He's there to do a market analysis and get the listing. The occupants mentioned me, my lockbox is on the house, and the property is in the MLS because I listed it in September but then had to withdraw it. Despite this, he has not contacted me to ask if I have an exclusive agreement.

Question: how should I respond if he lists it when I still have an Exclusive Agency Agreement? I don't like this Seller and really don't care to work with her, but I also don't want to give up the entire commission after having worked with her for the last 14 months. This home will likely sell for around $700,000 so I was looking at a $21,000 commission. I think my favorite option is to let him list it, then I could show him my Exclusive Agency Agreement and demand he pay me a hefty referral fee to make it stay quiet. If I chose to push it, he could not only lose the sale but he could be subject to an ethics violation. Another option is to let it go under contract, then step in and demand I be paid my full commission at closing.

How would you handle it?

[Bruce Lynn]

Do unto others....you are much better than this post. Call the agent. Ask for feedback. ...Hey Joe, I' the listing agent on 123 Main, How did your showing go? Any feedback for the seller? Don't play games with the seller or the other agent.