1. First, you should know that a listing agreement is a binding contract, so you are legally bound by its terms. That said, if you feel your broker is not doing their part, you can ask to be let out of the agreement. Explain to them firmly the reason you feel they are not performing. Like Bruce mentions below, I find that most brokers do not want an unhappy client on their roster (I wouldn't), so they usually let you out with no issue. As Michael says below, expect to see an 180-day broker protection clause in any release.
2. If your goal is to re-list with another Realtor that you feel will be more proactive in selling your property, you need to request an Unconditional Release. This is different than simply withdrawing your listing from the MLS.
3. Unfortunately, sometimes this sort of thing requires an attorney get involved to write a strongly-worded letter.
Once released, you are free to interview new agents if that is your goal. Best of luck to you!
R. Eric Axelson, Associate Broker
Licensed in NJ and PA
Kurfiss Sotheby's International Realty
View Distinctive Homes in ALL price ranges at KURFISS.COM
Eric provided you the best answer. While the listing contract is a binding contract, most Realtors don't wish to work with Sellers who don't want to work with them. It's just a headache and won't be a good situation for anybody.
Most brokers will release a listing upon receipt of your written request. Most will include a protection clause for any prospects that they introduced to the property.
Good luck with your sale. Please feel free to call me with any other questions.
All the best,
REALTOR, Property Manager
Your Real Estate Resource For Life
Cell (267) 254-7994
THIS LISTING AGREEMENT is made and entered into this ____ day of _______, _____, between_________________________, a ___________ corporation (the "Company") and ________________________ ("Broker").
In consideration of the mutual benefits and obligations of the parties set forth in this Agreement, the Company hereby retains the Broker to use its best efforts to solicit offers for the purchase of substantially all of the asset or all of the stock if the Company, subject to the following terms and conditions:
OBLIGATIONS OF BROKER
Broker shall use its best efforts to find a buyer for substantially all of the assets or stock of the Company.Broker shall (1) include the Company with other listings maintained by Broker; (2) place a suitable sign on the premises; (3) promptly notify the Company of prospective buyers; and (4) show the Company's premises and operations to prospective buyers.
2.1 Commission.Broker shall receive a commission of ____% of the selling price of substantially all of the assets or stock of the Company if: (1) Broker procures a buyer who is ready, willing, and able to purchase substantially all of the assets or stock of the Company on terms deemed acceptable by the Company in its sole and absolute discretion; and (2) substantially all of the assets or stock of the Company are sold to a buyer procured by the Broker during the term of this listing or if, within ___ months after the termination of this listing, substantially all of the assets or stock of the Company are sold to a buyer who was first submitted to the Company by the Broker.
2.2 Expenses.The Company and the Broker shall each pay their own respective expenses involved in performance of their respective duties under this Agreement.
TYPE OF LISTING
This listing is and shall be an exclusive listing from the date first set forth above through _________, _____, and the Broker's right to a commission will arise from a sale of substantially all of the asserts or stock of the Company to a buyer who is procured by the Broker, but shall not accrue if the buyer is procured by the Company itself.
The rights and obligations of the parties shall commence on the date first set forth above, and shall terminate at midnight on _________, _____.This listing may be cancelled by either party at any time after __________, _____, by ____ days' written notice.
5.1 Confidentiality Obligations. During the term of this Agreement and for a period of ten (10) years thereafter, Broker shall maintain in confidence and use only for purposes of this Agreement any information or documentation which Seller marks "Confidential" (collectively "Confidential Information"). To the extent it is reasonably necessary or appropriate to fulfill its obligations or exercise its rights under this Agreement, Broker may disclose Confidential Information which it is otherwise obligated under this Article not to disclose to its affiliates and to prospective buyers, on a need-to-know basis, on condition that such entities or persons agree to keep the Confidential Information confidential for the same time periods and to the same extent as Broker is required to keep the Confidential Information confidential.
5.2 Limitations on Usage. Except as expressly authorized by this Agreement or by other prior written consent of the Company, for the term of this Agreement and for ten (10) years thereafter, Broker shall not deliver, transmit, or provide to any person other than as permitted under this Agreement, and shall not use any of the Confidential Information, or authorize, cause, or aid anyone else to do so.Except as permitted in this Agreement, nothing shall be deemed to give Broker any right or license to use or to replicate or reproduce any of the Confidential Information, or to authorize, aid, or cause others so to do.
5.3 Survival.The covenants set forth in this Article V shall survive the termination of this Agreement and continue in full force and effect for ten (10) years without limitation.
Not all offices are so lenient, though. Call the broker and explain that you want your listing terminated.
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
If you are not clear on it, talk to an attorney and by all means contact the brokerage manager to see how you
can be released from the listing agreement, and it really all depends on the terms and why you want out of the
listing agreement. You do not want to sell anymore, you feel that the listing agent is not doing a good job,
(make sure you know exactly what not a good job means, as you must have agreed on certain services when
signing the listing agreement)
Good Luck and take Eric's advance into consideration as well.
Edith YourRealtor4Life! And Chicago/Northern Illinois and North Shore Expert
working always in the very BEST interest of her clients....
If you are looking to terminate your contract because you are unsatisfied with the way your home is being marketed then a written request addressed to the Broker of Record (not necessarily the agent) should be sufficient. If you then list with another broker you will be protected from having to pay your first broker a commission.
If you are terminating your contract because you are no longer selling your house the same rule will apply.
If you are attempting to terminate the contract in order to pursue a private sale, be aware. We as agents and brokers have to protect ourselves from unethical Sellers so there are stipulations in the contract that allow us to collect a commission should the home sell, read your contract carefully and understand the clause that requires you to pay your broker if the house sells.
I presume that you have a good reason.
If you are planning on selling your house yourself, to someone that the Listing has produced; please don't even consider that: It would fraud and you would still owe the Commission.
If another Broker has solicited your Listed; please report them to the MLS; this is a serious violation. If they are promissing a lower commission or such; please do not fall for that sleezy tactic.
Good luck and may God bless