I am in the waning days of my second listing period with the same agent. (the first was summer '08, the

Kate L.
Both Buyer and Seller
Marietta, GA

second is spring '09) We've received one offer during each listing but do not have a contract. My agent seems to be sitting on her laurels as the final days tick down with no new ideas for getting my home sold. The flyer she used the entire marketing period this time around consists of one shot of the front of my house and about four lines of copy. There was one wrinkled flyer left in the box in the front yard when I returned from a weekend away and I had to call her to let her know. Can I let her go now and hire someone who will remain enthusiastic, hardworking, and creative throughout the listing contract? Every day is an opportunity as far as I'm concerned.

Answers (6)
Guy E. Gimenez -...
Broker
78704

Your listing agreement (contract) will be your guiding document and will let you know what you can and can not do. Review it thoroughly. If you do not have an escape clause included (one that allows you to terminate at will), then you will likely have to talk to the agent first, then possibly her broker and ask to be released. This will be a lesson for you. Make sure your next contract allows you to terminate in the event you are terriby unhappy with the agent's efforts and you're able to specifically demonstrate the agent's inability to perform as required by the contract.

Sun Sep 27 2009, 07:42
John Reinhardt...
Agent
Atlanta, GA

Kate -

Lets get your house sold. My expertise is in marketing.

Give me a call or shoot me a email and besure to check out my BIO on my website.

Solid Source Realty
John Reinhardt
REALTOR
770.475.1130 ext. 6806

Wed Jun 3 2009, 05:44
davidwbrower
Agent
Cherokee County, GA

Kate,

It would be inappropriate for any agent to comment on how or if you should go separate ways from your current agent, since that is considering "interfering" with a broker/client relationship, so I'll refrain from comment and let you decide what you think is best there. I will say, however, that I'm sorry your home hasn't sold. It is a difficult and challenging market, but considering you received offers, I'm very confused as to why you couldn't get one of them under contract and sold. In my listing agreement, I have a "fire me at any time" clause with no penalty if I fail to do anything I promise to do. Your financial asset is too large for me or anyone else to take lightly. You don't owe me or any other agent anything.. but you do owe it to yourself to hire the very best you can find. I am selling homes in this market averaging 3-4 a month. If you want to know what I'm doing, and you are not in a broker/client agreement with another agent, feel free to reach out and I would be happy to share with you my plan.

Sincerely,
David Brower, Assistant Manager/Realtor
Crye-Leike Realtors
678-982-9600
david@davidwbrower.com

Tue Jun 2 2009, 15:16
David Lightburn
Broker
Atlanta, GA

Kate-

You certainly deserve an agent who will work hard for you throughout the entire listing period.

In this scenario, you will want to review your listing agreement to see if there are any early termination/withdrawal fees. The standard GAR listing agreement allows the listing agent to pass on several different charges to you as the seller if a listing agreement is ended early. Here's a blog post I wrote on the topic awhile back:

http://clickscape.com/real-estate/what-you-need-to-know-abou…

If you only have a few days left, it may be in your best interest to finish out the listing period to avoid any early termination fees. If you have a couple of months left, you will want to weigh the costs of terminating it early vs the costs of waiting it out and potentially having the market drop further as well as missing out on the peak selling season. Make sure to protect yourself.

Hope this helps!

Best Regards,

David Lightburn

Web Reference: http://clickscape.com
Tue Jun 2 2009, 14:15
James Dudley
Agent
Suwanee, GA

Kate,

I put my marketing plan in writing and sign it as a part of the listing agreement!!

Tue Jun 2 2009, 14:01
Matthew Share
Agent
Marietta, GA
FIRST ANSWER

You are correct that every day is an opportunity. Of course, communication is key to a listing relationship. I always make it a point to stay in contact with my clients and ask them if there's anything I'm not doing or anything I could do that would make them happier. It probably would have been a good idea to speak with your agent about your feelings and expectations earlier on in the process. However, at this point you would certainly be within your rights to interview others for the job. I am a Marietta expert and will be happy to provide you with references who will attest to the fact that I never stop working hard to get your home sold. Listing a home is an ongoing process and there's much work to do each week well beyond simply sticking the sign out and hoping for the best. Give me a call any time. I'd love to speak with you. 678-520-3113

Tue Jun 2 2009, 13:38

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