Home Selling in Glendale>Question Details

Goingcrazy3, Home Seller in California

Can I cancel my listing contract with my agent if his license expired and he's not working to sell. The broker won't help us.

Asked by Goingcrazy3, California Tue Jul 26, 2011

My agent (Sales person) DRE license expired 3 month ago and he won't renew. He dropped the buyers on us twice because of the license issue. I asked the broker but he won't assign new agent for us. Can I cancel our listing?

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Answers

74
It looks like you were dealing with a very unprofessional bunch of people! You are lucky with how things turned out.

You can start over by listing your house with a different brokerage, but keep soft and hard copies of the emails you exchanged.

I suggest you shop around for a good agent, don't hesitate to ask friends and colleagues for recommendations. Documents and contracts are very serious and please be careful what you sign and do read the small print.

Very glad it's all sorted for you!

Meryeme
0 votes Thank Flag Link Fri Jul 29, 2011
Sounds like the problem has been fixed. Good luck next time around.
0 votes Thank Flag Link Fri Jul 29, 2011
Thank you all. The broker sent me an text & email stating that our listing is officially over without a fee. He hasn't sent me the COL form but I believe email is still binding contract so I'll keep it.
0 votes Thank Flag Link Fri Jul 29, 2011
Oh crapo. I just received the copy of the listing contract. Someone was in a hurry and got my father's sign because I was at work. I alone is the owner and my parents were just visiting. Our agent just told him to sign it because I wasn't home. My agent knows that I am the named owner. is this legal contract?
0 votes Thank Flag Link Fri Jul 29, 2011
Big Oops!....................Time to move forward. Shake your tale feathers baby!
0 votes Thank Flag Link Fri Jul 29, 2011
Wow. Just saw that I never signed the listing agreement. :o They just moved forward.
0 votes Thank Flag Link Fri Jul 29, 2011
Wow! That would drive me crazy too.

So did you contact CAR?
0 votes Thank Flag Link Fri Jul 29, 2011
Send a letter to the broker immediately. It is illegal to sell without a current license. Read your listing agreement carefully and you should be able to cancel the contract.
0 votes Thank Flag Link Fri Jul 29, 2011
It is illegal for the agent to sale without a license. Most contracts are with the brokerage and the agent. Ask the broker can you cancel the listing.
0 votes Thank Flag Link Fri Jul 29, 2011
Unlicensed activity is illegal. The listing contract is with the broker. Read the entire listing agreement and you may be able to cancel the listing per the terms of the contract. The broker should be willing to do this upon request anyway.
0 votes Thank Flag Link Fri Jul 29, 2011
Do I need to use the form COL or getting an email from the broker saying that he agreess to cancel without a fee is good enough?
0 votes Thank Flag Link Fri Jul 29, 2011
Just cancel the contract.
0 votes Thank Flag Link Thu Jul 28, 2011
As I said, just cancel the contract.
0 votes Thank Flag Link Thu Jul 28, 2011
I'll bet if you contacted the DRE you'd get the brokers attention.
0 votes Thank Flag Link Thu Jul 28, 2011
So the broker hasn't called or emailed me back but the agent wrote me saying our listing contract is canceled. They haven't removed the sign and the listing is still up. How long does it take to remove the listing and the signs?
0 votes Thank Flag Link Thu Jul 28, 2011
Hi Goingcrazy3

I am sorry to hear this and I wish there was a simple answer.

The agency agreement you had with your client is a contract, and non performance is a breach of contract.
That contract is between you and the actual BROKER company, so if your agent is no longer able to perform, the Broker should assign it to another agent within that brokerage or take action themselves.

But really I am not an attorney hence I highly recommend that you:

-either speak with the legal hotlline of the California Association of Realtors, where they will be able to guide you

or

- Go to the DRE website per the following link http://www.dre.ca.gov/cons_complaint.html

or

- you contact an attorney for a consultation. There are attorneys who have experience in disputes and litigation between licensed and civil party.

Good luck!!
0 votes Thank Flag Link Wed Jul 27, 2011
I will also begin by stating that we are Realtors and not attorneys at CRB.
Being that you got into a contract with an unlicensed person, it is in fact true that your contract is still good with the brokerage (as it most likely states within your contract). It sounds like the broker doesn't want to get involved, come across as condoning ill practices in his/her firm due to knowing that it's illegal to sell a home and "pose" as a present holding licensed agent; as if he is turning his head in the matter. Suggestion would be to first contact CAR (California Association of Realtors) legal hotline http://www.car.org/aboutus/contactus/
get some solid info and go directly into the firm and ask to speak face to face with the broker to make sure things are clear. I would say that you may not want to get them in trouble if they are in fact willing to relinquish your contract holding. If they will work with you, I believe they are most likely to be more law-abiding next time around. Find out info and proceed as necessary.

Have a great day and All the best of luck.
Web Reference: http://www.crbres.com
0 votes Thank Flag Link Wed Jul 27, 2011
Get your cancellation in writing.
0 votes Thank Flag Link Wed Jul 27, 2011
I believe if he talked with potential buyers after his or her license expired, they broke the law!
Yes cancel out and report this to the local association of Realtors!
0 votes Thank Flag Link Wed Jul 27, 2011
I've emailed my agent and cc'd the broker requesting mutual cancellation. To make the long story short this agent was refered to me so I contacted him directly without contacting the broker. When I emailed the broker with my concerns he told me to deal with the agent since the listing is with the agent. I got an email from agent this morning (not the broker) saying it's ok to cancel the listing with them and not to worry about any fees. Am I safe now? They said they will remove the sign soon.
0 votes Thank Flag Link Wed Jul 27, 2011
Yes you definitely can cancel, just give them request to cancel in writing.
0 votes Thank Flag Link Tue Jul 26, 2011
You can cancel your listing agreement anytime - take it off the market. Read your listing agreement.
0 votes Thank Flag Link Tue Jul 26, 2011
You may cancel at any time.
0 votes Thank Flag Link Tue Jul 26, 2011
Keith is correct. Although you signed the listing agreement with the
0 votes Thank Flag Link Tue Jul 26, 2011
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