Home Selling in Durham>Question Details

sasprgming, Home Seller in Selma, NC

Am I obligated to an agent if I didn't sign an Agreement to List?

Asked by sasprgming, Selma, NC Mon Apr 15, 2013

I turned down the Exclusive Right to Sell Listing Agreement. I signed only the Working with Real Estate Agents Form and the Property Disclosure Form. The agent seems disinterested took a week to sen the Right to Sell Listing Agreement. This was only because I called to ask about it after I was told he would get back to me in a couple of days.

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You are not obligated to work with that particular agent. If you decide to sign, its important that you read the agreement and understand all the terms including early termination of the agreement. All the Best.
0 votes Thank Flag Link Mon Jun 17, 2013
Hello SAS... As everyone has stated you do not appear to have a written contract , so it is best to contact the agent and thank them for considering your property but let them know you have decided to consider someone else. Then take the time to interview a few agents to find the right fit for you. Look at some of the agent's listings and see if they are doing the job you want done for you. If you are in Selma not all agents are wanting to work in that area as it is a distance for many triangle agents. I just sold a home in Selma and do have clients in Johnston County, just came in from a home inspection at Riverside AC community. I working with a few buyers in Smithfield, Clayton, Archer Lodge and have a couple of listings in Zebulon. I will say now is a very busy season so you will want to get your house ready and get on the market as soon as possible for the spring market.
If I can help you further please let me know.

Deborah Rigsbee Miller, Real Estate Broker
Coldwell Banker - Advantage
0 votes Thank Flag Link Mon Apr 15, 2013

You are under no obligation to work with that REALTOR from the information given. Even if you had signed the Exclusive Right to Sell Listing Agreement but felt the REALTOR did not perform his or her duties then you should be able to terminate the contract.

I give my clients a Satisfaction Guarantee with the listing agreement. And I tell them that if theyaren't happy with my services and I can't work it out with them, then I let them out of the contract.

Candy McLain

0 votes Thank Flag Link Mon Apr 15, 2013
If you did not sign the listing agreement, you should not be under contract. As with any contract though you may want to have an attorney look at what you did sign
0 votes Thank Flag Link Mon Apr 15, 2013
Obligated no, but then neither is the agent. Sounds to me as if you either need to reconsider your approach to listing your home for sale and/or start looking for another agent who wants to work with you. I'll be honest top agents are unlikely to want to work with you on a non-exclusive basis. Why do you believe it's in your best interest to give a number of agents non exclusive agreements?
0 votes Thank Flag Link Mon Apr 15, 2013
If you have not signed an Exclusive Right to Sell, then no, you are not obligated to list with this agent. Even if you had signed the agreement, and later felt that the agent was not doing his or her job in a manner that met your expectations, you are within your rights to terminate the agreement.

It sounds as though you need a responsive agent who meets your expectations, particularly with regard to timely communication, and follow through. I encourage you to interview a few agents, express your expectations clearly, and select someone you feel you can trust, and who demonstrates that they can do the job. I would be delighted to meet with you, and discuss your needs in detail. Feel free to contact me directly at Nancy.Mitchell@pruysu.com.
0 votes Thank Flag Link Mon Apr 15, 2013
If you did not sign the Listing Agreement, you should be fine. The Working With Real Estate Agents document is not a contract, but rather a disclosure so that you know your options for working with agents in NC. If you already have concerns with the agent and are not getting the customer service and responsiveness that you expect, and frankly deserve, then find an agent who will. I would of course welcome the opportunity to see if I can be of help.
0 votes Thank Flag Link Mon Apr 15, 2013
No. You are not. Not sure why any Realtor would have you complete a property Disclosure without a completed Listing Agreement.
0 votes Thank Flag Link Mon Apr 15, 2013
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