Contrary to the opinions of several contributors here, you cannot unilaterally cancel your listing CONTRACT. I emphasized contract because we need to remember that a contract is a legal agreement that has been signed by two parties (in this case) and cannot be canceled by only one party. Both parties will have to agree to the cancellation.
I agree with Shel-lee Davis. Put your request in writing and deliver it to the broker. Your now un-licensed agent signed the listing agreement with you on behalf of the broker who is the actual contracting party with you. If the broker refused to cancel the contract and does nothing to fulfill his fiduciary responsibilities to you, take your complaint to the local Association of Realtors and to the Department of Real Estate. Let the broker know that you will not let the matter rest until it is fairly resolved.
The agent is an agent for the broker.
So, to cancel the listing you need to get the broker to cancel it.
I would recommend writing a letter to the broker explaining the situation. You hired the agent and broker to sell your house. If they cannot sell your house, or are unable, or don't want to, then you should be able to get them to cancel the listing.
You can also get help from the Dept. of Real Estate.
The Glendale Association of Realtors can probably also help you.
I would suggest that you put your request in writing to the broker. If they continue to ignore you, I would take my complaint to the local real estate board and ask for their assistance. You should get some response from them when you take it to that level. Hope this helps and Dare to Dream.
Shel-lee Davis, QSCÂ®
Certified Distressed Property Expert â€“ CDPEÂ®
Short Sale & Foreclosure Resource â€“ SFRÂ®
Certified HAFA Specialist â€“ CHSÂ®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
Good luck and I hope you sell your home.
You thought that you were in a listing contract with an agent whose license has expired and who works with a broker who did not care enough about your situation to even review that contract to see whether it was signed by you! Run away as fast as you can and seek a local, reputable Realtor to list your house.
Like John recommended earlier, contact the DRE to start the complaint process and I believe that broker will respond when DRE is knocking at his/her door. Good luck.
Jack Gillis, M.B.A., J.D.
Jack Gillis Realty Advisors
Nathan Grace Real Estate, Broker
5619 Dyer Street | Suite 100
Dallas, TX 75206
I can see why you picked that name.
I am going to help you here.
Just so you know, the agent is a salesperson who works for the brokerage. The brokerage is always responsible, from the get go. The agent is someone hired by the brokerage. Your contract is and will always be with the broker, not the agent.
The brokerage takes over the contract when an agent leaves by either transfer and yes unlicensed.
You do have an existing contract from what you stated with that firm. The broker or the manager is your new agent until they appoint a new agent for you to work with.
It would be wise to leave the frustration at home, and speak with the broker or manager of the brokerage and resolve the issue. You are in a contract ( WITH THE BROKERAGE ) and you need to make it work.
In answer to your question,... No you can not cancel your contract with your agent if his license has expired.
You can consult with an attorney, You can wait out the contract expiration period. You can do your best to get along with the broker.
Harold Sharpe - Broker
So Cal Homes Realty
California Department of Real Estate Broker License # 01312992
Your listing agreement hopefully has a clause written into it whereby you can cancel your listing with a written notice without penalty. Give then a written notice that you are taking your listing elsewhere. There are plenty of Realtors that would be glad to represent you and your interest and work for you in getting your property sold.
You should immediately contact the California Real Estate commission and file a complaint against the company the agent worked for and let them know what's going on. Mention the fact that the Broker in Charge refused to assign you a new agent. This entire company should not be permitted to operate as they apparently have absolutely no idea what their doing, what the laws are are what their fiduciary responsibilities include. If what you've written is true, they are a disgrace to the real estate industry and should all lose their licenses.
Contact your local real estate commission to find out for sure if you are uncertain on the issue but I do not think it is a big of enough concern to spend money on an attorney, my advice would be to negate the current contract and find a more active agent/brokerage.