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?
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.
You asked if you can get out of a contract. Well, Yes, you can. What I think you mean to ask usâ€¦.. is it going to hurtâ€¦..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
Bay Vista Realty & Investments, Inc.
Chairman, Communications Committee
Director, Florida Association of REALTORS
Sorry about your negative experience,
The "Eckler Team"
Century 21Almar & Associates
Venice, Fl 34285
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.