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mj26704b, Home Seller in Asheville, NC

I have already made a decision to switch listing agents. What if it goes into a sale contract that goes past the agents contract end date?

Asked by mj26704b, Asheville, NC Wed Jul 17, 2013

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Many lay people don't understand that your listing agreement is with the broker and not with your agent. In short, the broker is the agent's supervisor. In the Commonwealth of Virginia, brokers have a higher educational standard and more experience than most agents. (See my link below for more information about brokers.)

Because your listing agreement is with the broker and not with the agent who upset you, your best course of action is to speak to the broker. The broker doesn't want a messy entanglement either. The broker's license is too valuable to risk over one transaction. The broker may offer to mitigate or to assign another agent, but either way you'll be dealing with a more objective and experienced person who has the authority to extract you instantly from the situation you're in.
1 vote Thank Flag Link Wed Jul 17, 2013
Hello there in Asheville :)
First off are you saying that you have made a decision to switch agents, but plan on continuing the listing agreement through the end term shown in the agreement? And you are worried about getting a contract between now, and when the contract ends, such that you would be continuing to work with that broker past the contract end date? Sorry I'm just trying to clarify your intentions.

My suggestion would be to contact the Broker and discuss your unhappiness with the agent.
If you don't want to work with the agent, the broker can assign a new agent to work with you based on your needs. And you can continue with that Brokerage Firm. As Will Nesbitt explained, the contract is with the Brokerage Firm, not with the agent.
If you truly don't like the brokerage then you can tell the Broker that you want to terminate the agreement. Send them written notice and have them acknowledge it.

These rules vary state to state. But talk to the Broker first.

Will's advise, below is excellent as well. He is a Broker.

Hope this helps.
Delaine Campbell, MBA, REALTOR(R)
http://www.delainesells.com
0 votes Thank Flag Link Sat Jul 20, 2013
No reason to go into specific details other than its been an ongoing struggle to work with this agent, whom I have been trying to work with for six months now. Its unfortunate that right at the end of the contract there is some interest, but I still want to change.

I understand that if the sale starts while she is still under contract that she still gets the commission and all of that, but I wanted to be sure I wouldn't automatically be forced to renew an entire contract with her as the listing agent just because we are in the middle of a sale, if it goes that way.

I also understand that even upon switching agents, if someone who looked at the place during the time frame this person was the listing agent, this agent may be entitled to some of the commission if it sells to that person.

No problem with any of that stuff. I have no interest in trying to do anything unethical or anything, just want to end the relationship with this agent.

I have every reason to believe it will be a mutual split - just wanted to avoid anything getting awkward and wanted to make sure I wouldn't be obligated to extend the contract or anything just because we might be in the middle of a sales contract.
0 votes Thank Flag Link Wed Jul 17, 2013
A: if you have a potential contract why would you change listing agents?

B: if they have a contract then the agent would be owed their commission because they have already completed their job. The agents job is to bring a ready, willing, and able buyer. That being the case you would not have an easy time finding an agent to step in and see things through.

If you have a contract and are having issues with your agent that are unchanged after speaking with the agent, hen you should contact his/her broker.
0 votes Thank Flag Link Wed Jul 17, 2013
To further elaborate: the agents contract ends on July 31. The potential purchase contract would likely have a 45 day settlement date so would still be in the works past the listing agents contract expire date.
0 votes Thank Flag Link Wed Jul 17, 2013
Generally, you can actually get out of your listing agreement with your agent at any time; you do not have to wait until it expires. Your particular agreement may or may not include an early termination fee. Not as clear of a process if you ratify a contract on your property first. Their representation usually continues (even if implied) past expiration of your agreement until settlement; you would not have to sign a new agreement. My concern for you would be to make sure you have someone willing to pick up the pieces of managing your contract and negotiating through things like home inspections, appraisals, etc. before breaking ties so you don't jeopardize your contract. In truth, your agreement is with the Broker (not agent) so Broker might can assign you a new agent that is a better match. Hope that helps!
Karen Hall
@home real estate, Principal Broker
Alexandria, VA 22314
Flag Wed Jul 17, 2013
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