Good morning. Here is a question that I hope that to get some help with. I currently have a ReMax realtor in Missouri who is not working in our

Grfather
Home Seller
Columbia, MO

best interest ( yes, I have lots of instances in case you are wondering ). My question is this: I am contemplating getting another ReMax Realtor to work for us who is in another office. I would like to fire my current Realtor immediately but does that mean that the other ReMax realtor that I am interested in ( who also has my house in their listing ) will have to retake pictures and videos OR can they use the same "ReMax" pictures/videos that my current horrible Realtor has? Also, is it possible that I can have another Realtor START taking videos and pictures NOW so that I can have it ready to list the day that I fire my current Realtor? Thank you very much in anticipation of your answer.

Answers (3)
Keith Sorem
Agent
Glendale, CA

GRfather
In most cases YOU can talk with another REaltor while your listing is active. If you initiate the call, you can talk with them.

So far as firing your current Realtor, you've got some pretty solid advice so far. Just to clarify, when you list you property for sale with an agent, that agent is the agent for you, but also for their broker. The listing legally belongs to the broker.

When sellers are unhappy, most brokers will do their best to make them happy. The broker is legally liable for their agents' conduct, so if there are ethical or performance issues, the broker will want to know about it.

Most sellers become unhappy when their home fails to sell, or if they get offers, and they are lower than their expectations. Because you have a legal contract with the agent and their broker, you are going to have to be very careful. For example, if the Realtor has been advising you to lower the price, and you have said "no", then, to be candid, you would be the one stopping the sale of your property.

The broker is going to want to know why you are dissatisfied, and also to know what they can do to help you get your home sold.

One possible avenue is to simply outline your concerns, sit down with your REaltor, and explain that you hired them to sell your home, it's not sold, and you are going to give them two weeks to get it sold, or you'll have to fine someone else to do it.

From the link below you can see that homes are selling, 84 recently sold according to Trulia. But there are over 2200 homes on the market. At that rate, it will take 26 months to consume that inventory, assuming non new listings hit the market.. So your home needs to project so much value that you'll get showings, and then offers, and then an offer that closes escrow. Based on your market I would be hesitant to blame your Realtor. The only homes selling now are homes that scream "Buy Me!".

You can see now that giving your Realtor two weeks to get the job done would put them in a position to figure out what they need to do. If they cannot do it, you'll need to find someone else. Most Realtors will probably work with you on a cancellation if they simply are unable to do the job.

Mon Oct 5 2009, 13:27
Kimberly Brandon...
Broker
Panama City, FL

Debbie is spot on. Your first call after reading your listing agreement should be to the broker to discuss this situation. You may find that they are the broker over both agents if the Remax offices are owned by the same owner. The broker should be able to help you resolve this to your satisfaction.

Mon Oct 5 2009, 12:27
Debbie Difonzo
Broker
65536
FIRST ANSWER

Grfather -

Sounds like you have a few different things going on here - I'll try to address each piece.

Realtors are bound by the Realtor Code of Ethics. A Realtor therefore should not be soliciting your listing if you are in a current contract with another agent. However, if you solicit the discussion, a Realtor can certainly talk with you and agree to list your property at the expiration / termination of your current contract.

Broker and Realtors may feel differently about this - however, my office policy is not to sign that listing agreement unless I know the expiration of your prior contract and have some documentation to that fact. For a listing that was going to expire, it would be the current listing agreement. If you were going to terminate, I would wait until you could bring me a document from your original listing Broker indicating the listing was released.

I would also not take new photos / video until I knew the listing was going to be released and brought to my office.

In my opinion a Realtor should take their own photos and not use the photos of another - unless pictures are being provided by the home owner, then it is fair for all to use. Most multi list systems do not address using photos of another. I do not know the rules and regulations of the MLS your home is in.

Please review your listing agreement prior to requesting your listing be released. Some contracts require a written notice, some require a fee be paid if released early. Also, the brokerage may have specific guidelines on who is authorized to release a listing - typically it is the Broker, not the agent you've been speaking with. To avoid additional frustration, you may wish to check into these things prior to going up to your listing office.

I wish you much success in selling your home!

Mon Oct 5 2009, 11:14

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