I am two months into a six month listing agreement with a agent to rent a property I have. I am now thinking

Cnh
Home Seller
Cranford, NJ

of listing it for sale instead. Since my goals have changed am I precluded from now beingable to select another agent to sell the property?

Answers (9)
Pam Winterbauer,...
Broker
San Ramon, CA

I would go back to the listing agreement and look at it quite carefully.

Mon Mar 17 2008, 23:01
Deborah Madey -...
Agent
Rumson, NJ

It depends upon your listing agreement. If your agreement does not bind you to the same broker for sales representation, you can hire another for selling only. In the event you rented it, you would still be repersented by your current agent.

Mon Mar 17 2008, 23:00
J.D.
Agent
Orange Park, FL

I manage properties and also list/sell properties. Our management agreement stipulates that our brokerage has an exclusive right to sell should the client/customer's need change. Our MLS permits us to both list for sale and list for rent where we cross reference the listings. In my case, our client/customer's accept the which ever comes first PLUS, if it's a rental we might continue to list the property for sale after a tenant has been found if the property would make a reasonable rental property for someone interested....investment properties are much easier to sell when occupied by a good tenant.

Discuss your situation with your agent and possibly the broker of the real estate company and above all

GOOD LUCK

JD "Dan" Weisenburger,GRI
Broker-Associate
Vanguard Realty, Inc. GMAC Real Estate

Mon Mar 17 2008, 19:17
John Sacktig
Broker
East Brunswick, NJ

look at your listing agreement. When I take a rental, I do check off the boxes that state that if the property is sold I will get paid a commission.

I believe your agent will expect the listing and I believe rightfully so. I am a loyal prson and my clients usually are loyal to me, so I would expect the listing. But you can choose to behave as you see fit, as I do not know the particulars of your relationship with your agent, or if the agent has not done a good job.
You must have your reasons.

Are you one of those clients that wants to change agents every two months to "to get it out there again, fresh" ? There are some people that think they are savvy and want to get a 2 month listing because they feel the company will get the property back on the market every time with a bang.... I have been called in on a few of them and never took the listing. Give your agent a chance.

Mon Mar 17 2008, 19:10
Barbara Ostroth
Agent
07666

I agree with Don, the best thing is to withdraw the listing for rent and then choose the best agent to list it for sale. You are not bound to the agent you have presently, but the fair thing to do is to allow the agent to present a market analysis to you and compete for the listing.

Mon Mar 17 2008, 12:06
Marc Paolella,...
Agent
Succasunna, NJ

Hi Cnh,

Of course, I would have your attorney review your listing contract since it is a legal document. However, the Garden State MLS listing agreement that you signed does give the agent you selected the exclusive right to represent you for the sale, lease, or exchange of the property. So I believe you are on the hook with this agent for the next 4 months. However, this is a legal question, so you need to discuss it with your attorney.
Good luck!

Mon Mar 17 2008, 08:57
Don Hansen
Agent
07933

Cnh,
It depends on your listing contract. Most MLS contracts have a space for commission if a tenant found during the rental listing should buy the property during his lease. You may be able to list with another agency for sale only while keeping it on the market for rent. I would probably not advise this route. If you have decided to sell, I would take the rental listing off the market and choose an agent to represent you for sale. I think your best route to keep it on the market as botha rental and a sale listing is to use your currnet agent unless they are only rental specialists. Good luck.

Mon Mar 17 2008, 08:40
Gina Chirico
Agent
07004

Hi Cnh. May I ask what your reasons are for not listing the property with the agent you currently have it listed for rent with? Are you going to withdraw it from the rental market altogether? If you are happy with your current agent then I say talk to your agent about listing it for sale. If you are unhappy with your current agent then you may request that your agent withdraw the listing from the rental market and request that you be withdrawn from that broker representing you as well. I know a really good agent in Cranford. Shoot me an email if you want his name and contact information.

Good Luck!

Gina Chirico
PNJP
Caldwell, NJ
GinaChirico@PruNewJersey.com

Mon Mar 17 2008, 08:37
Jerry Murphy
Agent
Anthem, AZ
FIRST ANSWER

Hi Cnh,

No. This is a common misperception of sellers, that they are locked into the listing agreement. You can cancel the listing agreement at any time. At least in Arizona, it is not a legally binding. You may want to run it by a real estate lawyer first, but most likely you'll find what I said to be true.

Mon Mar 17 2008, 08:35

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