Home Selling in 10543>Question Details

Claudia, Both Buyer and Seller in 10543

Can I cancel my exclusive right to sell agreement with an agent who is failing to perform?

Asked by Claudia, 10543 Wed Apr 30, 2008

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There are two parts to the listing contract. The contract to put the listing for sale in the MLS and the contract for the exclusive right to sell the property. Make sure both contracts are cancelled. Some agents will cancel in the MLS but not the exclusive right to sell. The seller is then still obligated to pay them a commission if the property is sold through another agency while the first contract is still in force.
0 votes Thank Flag Link Fri Nov 20, 2009
You can cancel but beware--cancelling your contract does not always mean that you will not pay that company a commission, even if you sell yourself. You will need to get a full release. Read your contract very carefully sometimes in the print it covers how long that bokerage firm will still have tocollect commission if in fact you cancel. I would sit down with my agent and discuss what I would like to see done - remember communication is the key to selling your home. Try that first then if you do not get satisfaction you can always take other recourses.
0 votes Thank Flag Link Wed Apr 30, 2008
Yes, and you can read your contract since the clause is likely there. That said, ask yourself if you have listened to his/her advise about selling. If your house is not selling and/or no longer being shown, chances are that it needs a price reduction rather than more aggressive marketing. I do not know the relationship you have with your broker or level of service he/she has given. If he is out there working daily in real estate, his fingers should be on the pulse of the market in terms of pricing. He too will be able to give you advice about sprucing up your home if it needs it.
Talk to him. You will be back in the same shoes if you are expecting an unrealistic price for your home in the current market conditions.
This goes for real estate in all zip codes.
Web Reference: http://joan.prucent.com
0 votes Thank Flag Link Wed Apr 30, 2008
The answer is YES. You should look at the agreement to see what the listing term is and how many days written notice you need to give. This is usually found on the first page paragraph #2. I would also contact an attorney if you plan to use another agent so you can make sure you are not still on the hook for commissions from that Brokerage. That's why it best to contact the Broker and make him/her aware of your problem so you can see what they can do to help.
0 votes Thank Flag Link Wed Apr 30, 2008
Yes you can at any time. Often clients think that because they signed a document they are required to remain under contract with an agent for the length of the contract. You can terminate the agreeement at any time for either a buyers agency agreement or a listing agreement. Just notify your agent. I recommend doing it in writing and keep a copy for yourself.
0 votes Thank Flag Link Wed Apr 30, 2008
Yes you can end of story. Steve
0 votes Thank Flag Link Wed Apr 30, 2008
The best person to ask this kind of advice would be your attorney.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Wed Apr 30, 2008
Hi, You can cancel through the Broker but read the language and clauses in your agreement, the Exclusive Right To Represent contract has a clause that says the broker may charge you a comission depending on the circumstances or ask for their advertising dollars back. Again read your contract carefully and consult with the broker.

Christopher Pagli
Associate Broker
Legends Realty Group
914.332.6300 x107
914.406.9023 cell
0 votes Thank Flag Link Wed Apr 30, 2008
It's a fine line and generally you have to give the agent the benefit of the doubt before trying to let him go. Even if you do this, you might be sued for a commission later on. The safest bet is to wait out your contract and then sign with a different agent.
0 votes Thank Flag Link Wed Apr 30, 2008
Usually you must contact the Broker and have them attempt to remedy the problem. If this continues, you can ask for a different agent to take over the contract. If this does not solve the problem, you can ask to be released from your commitment. In rare situations you may have to consult with an attorney.
0 votes Thank Flag Link Wed Apr 30, 2008
It's up to the agent's broker, not the agent. So call the company's broker and explain to him whyyou're not happy. A good broker doesn't want an unhappy client, so he should try his best to make you happy. He may let your listing go or he may try to have another agent in the same company help you.
0 votes Thank Flag Link Wed Apr 30, 2008
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