It absolutely amazes me that Realtors from other states that have no idea about Massachusetts contract law stick their head out and try to answer a question like this. The only one that answered this question properly is Mark. A contract is a legally and binding agreement otherwise there would be no point in having one. In regards to Lori's question the only way she can get out of the contract is if there is something in the document that specifies why she would be able to break it.

Do you have an offer on the home? Have you had activity or open houses?

Lori,

You asked if you can get out of a contract. Well, Yes, you can. What I think you mean to ask us….. is it going to hurt…..it could. It may be costly, but every state is the same in one aspect. Our Listing agreements are written in such a manner that they can be understood and interpreted without an attorney. So your first step is to read the contract.

Is there a cancellation clause? What are the terms?

What does it say about Brokers duties to the client?

What is the time period? Are you able to wait the additional 1,2,3 or more months?

Are you able to reach the Broker of the company and request another agent?

Answer those basic questions and then your answer should be as plain as the for sale sign in your front yard.



Gary De Pury
Broker-Owner
Bay Vista Realty & Investments, Inc.
Chairman, Communications Committee
Director, Florida Association of REALTORS

I'm not sure that a lawyer is necessary at this stage. As everyone has suggested, I think the first thing to do is contact the managing broker and explain your frustration with this agent. The managing broker may have a few options for you.

It's possible she may be able to switch you to a different agent within her office, who will be a better fit, and give you the service you're looking for. It's also possible that due to your poor experience, thus far, with her agency, she might be able to throw some "perks" your way to make up for the poor service (perhaps some additional advertising they weren't planning to do, or maybe a commission reduction).

If she can't satisfy you, the likelihood is that she'll be willing and able to cancel your contract with her agency. Most good agencies do not want to have unhappy clients. A happy client will tell a friend or two about their wonderful experience. An unhappy client will tell every person they meet, every day of the week, and nobody benefits from that.

Good luck, and I hope you can work something out.

These are not the kiind of reports true real estate professionals want to hear. We agree with the earlier comment about contacting the managing broker who may have the authority to let an unsatisfied customer our of their contract but most contracts will bave a penalty clause for breaching the contract.

Sorry about your negative experience,
The "Eckler Team"
Century 21Almar & Associates
Venice, Fl 34285

941-408-5363

Lori I would consult a lawyer . The word contract is a term for binding. I have been in the real estae game over 25 years I have seen a great deal of problems that can be worked out with the company manager or even try the board of realtors. Every contract is not the same.

You can definitely get out of the contract if you are not happy with your Realtor, be aware of the fine print and read the contract carefully though. In most instances the listing broker is entitled to a compensation if they were the procuring cause that results in the sale.
Just like Michael had said, try to resolve it with your realtor first before you talk to the broker. Even if it hurts our feelings we do like to know why are our clients dissatisfied and why they want out of the contract. Perhaps you can work it out with your realtor. If not than go to the office manager and try to resolve it with him/her.
If you have further difficulties than go to the local Realtor board and complain, but most Real - estate companies are professional enough so that does not happen.
Before you sign with another agent be sure to put your concerns and what you expect in writing as an addendum to the contract, therefore if there is a contract breech you can get out without much fuss.
Everything is negotiable and so is the contract. Do not ever feel intimidated by it.

I am sorry about your misfortune. I always offer an easy exit agreement with my clients. Also I establish one particular day of the week that I will call my client. Try going directly to the realtor to find out if they and their office is willing to let you out of the contract. If not, look at this incident as a lesson learned.

I agree with Michael, try to resolve the situation first and speak with the managing Broker. Also, if you do get to the point of canceling the contract, it must actually be cancelled and not just withdrawn. In my area a withdrawn from the market listing, the contract is still in effect.

John

Hi Lori,

Sorry to hear about your experience with your Realtor. It sounds like you are not happy with the level of service you have been receiving and would like to explore your options.

My first response would be to have a talk with your Realtor and try to resolve the issues amicably (I would like to give a fellow Realtor the benefit of the doubt), but if this doesn't work or you don't think this is a path you want to travel down here are the facts.

The listing contract of your home is owned by the broker of the office your Realtor is working for. Technically, they do not have to release you from the contract if they do not want to, but in my experience, they want to leave their client's satisfied. You can call up your agent's broker (his boss) directly and voice your concerns to him. It is not uncommon for listings to be switched to another agent within the same office when friction like this arises between agent/client.

The second option is ask for a release from the listing contract all together. Although the broker is not obligated in anyway to do this, many times they will to avoid any further ill feelings from an unhappy client. At this point you would be able to re-list your home with another Realtor, keeping in mind some of the clauses in your original contract that pertain to whoever visited your home during the time your original Realtor had the home listed.

Does this help?