Home Selling in 08520>Question Details

Sudhir, Home Seller in 08520

I put my house on sale through an agent, but i'm not happy with his services. Can i terminate the?

Asked by Sudhir, 08520 Tue Sep 1, 2009

agreement with him and go with either an other agent or list the house myself. If yes, then what are the implications?

Help the community by answering this question:


Are you being influenced by a competing Realtor? If so, then that Realtor is not adhering to the Realtor Code of Ethics and therefore I would stay away from that agent. Instead, and as stated before, discuss where you are with that agent. Maybe your perception of your agent's job function is much greater than what was told you or vice-a-versa.
The biggest downfall in a Realtor-Client relationship is communication. Many agents, who work hard for their clients, never tell them what they are doing. Have the agent document what they are doing for you and then determine if that agent should be fired. Also discuss the same with their Broker-Manager.
Good luck!!
0 votes Thank Flag Link Mon Jan 4, 2010
I would suggest discussing your dissatisfaction with your agent. If you are upset that he is not bringing clients through your home, this may be beyond his control. If he is not doing what he said he would do, bring it to his attention. If the market is slow, or the price is too high, this is not his fault.

As an agent, when a seller sets a price too high for the market, it will become stale and buyers agents will not show the home. As an agent, I periodically send my sellers a market analysis once a month so my clients can see how the market is performing. When a price reduction is warranted, I advise them. When negative feedback is given, I forward it to my seller. The seller has to look at the feedback and take appropriate action. Realtors are not magicians and can wave a wand and make the market change.

If your home is not selling, it falls on 4 categories
1. Price- Probably the most important, you are in control of the price and price reductions
2. Condition- You are responsible for the condition of the home. If it is not maintained with upgrades, shows a lot of clutter, or in disrepair, the result will be no offers.
3. Location- You cannot do anything about the location of your home, but you can be aware of competative prices of similiar homes. Be very aware of your competition. If your home is priced too high, you are actually selling homes you are competing with.
4. Marketing- Your broker is responsible for marketing your home. Marketing is only effective when the other categories are competitive. Don't blame your broker if you are not cooperating with him. He is not a magician.

My most successful closings are by me clients cooperating with me to achieve a goal. That goal is to obtain the best price, best terms, and a fast and sucessful closing. This can only be achieved with cooperation by broker and client. A good broker should be respected and his/her advice taken seriously. If you hired a surgeon with a serious illness, would you argue with him of procedure during an operation?

I am a successful Realtor with many happy clients, mainly due to cooperation during the selling process.

Feel free to contact me for free advise on real estate.
Web Reference: http://www.WayneZelenak.com
0 votes Thank Flag Link Mon Dec 28, 2009
Yes you can take down his sign,

You will stll pay him if your house sells during the timeframe outlined on your contract
0 votes Thank Flag Link Mon Sep 7, 2009

To be fair to your current listing agent, I would discuss your dissatisfaction with the agent and/or the broker in an effort to resolve any issues as the bulk of the work in listing a property for sale is at the outset and withdrawing a listing wtihout giving the agent a chance to correct an issues in my view, is not prudent.

In the meantime, review your listing agreement in full. Should your needs continue to not be met, then u need to argue your case with the Broker and NOT the agent . . . and I'll leave it at that as it would be unethical for me to comment further.

Love and Peace,
Francesca Patrizio, ePro, SRES
Coldwell Banker Residential Brokerage
732.606.2931 (24/7)
Web Reference: http://www.PatrizioRE.com
0 votes Thank Flag Link Sun Sep 6, 2009
FSOB ~ I instruct anyone you are brave to do this you must know the state law of selling any property many assumed buyers look for innocent owners BAM you are facing a lawsuit .

If you are unhappy discuss why's with listing agent

Terminate any contract review terms and conditions listing agreement up to broker release you .

National Featured Realtor and Consultant, Texas Mortgage Loan Officer, Credit Repair Lecturer
Follow me on Twitter: http://twitter.com/Lynn911
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Thu Sep 3, 2009
You have been provided with some excellent information....we would like to weigh in and make a point for the importance of identifying why you are not satisfied with your current agent. Have you met with him and expressed your concerns? Has he provided you with an account of what is being done to market your property? Is the asking price in step with the current local market trend?

We suggest that you seek a clear understanding of the issues at hand prior to moving on....or you could find yourself transferring your current problems to the new agency.

Best wishes,
The Eckler Team
0 votes Thank Flag Link Thu Sep 3, 2009
Typically you can fire an agent for non-performance, but if they can prove otherwise it can turn into a legal mess. What I would recommend is a simple call to the broker in charge, and let them know you are not satisfied with the services you are receiving. They will either let you out of the contract, or will put some pressure on the agent to perform.

Good Luck!
0 votes Thank Flag Link Tue Sep 1, 2009
Sudir: You have a contract. It tells you what you can and can't do. That's where you start.

Now, just why are you "unhappy"? If you can't sell the property (no offers) and your agent has recommended a lower price or a repair or clean up of some sort, ignoring him/her will do you no good. Agents and brokerages have no magic wands. We cooperate with each other in order to uncover every buyer we can. If your complaint is simply that you see no action, you might find that switching to another agency or selling on your own will not get you any more activity unless you fix what your agent has told you needs fixing..

If the agent seems lackadaisical or out of the loop, you can always talk to the manager of the agency that holds the contract. To begin with, the contract is with the agency, not the individual agent. Most managers will do everything they can to straighten out the problem. That could even include switching you to a different agent in the office, one who was more compatible to your way of working. The manager may also be in a position to give you advice as to what might be wrong with your presentation. He will be more experienced and less invested in your specific listing, allowing more candors and a more neutral eye.

If you are totally bummed out, as they say, you may just ask them to give you back the contract and then you may do as you please. If they insist that you remain off the market until their listing runs out (Yes, I've seen it done and done recently,) you may have to document their failure to render proper service and force the issue. It will be much more difficult to get another agency involved if they see a potential conflict on the horizon.

Contracts, it is said, are made to be broken. Sometimes the cost of the crash as they break is not worth the game, so be careful.

Of course, when getting involved with a contract, you get involved with the potential need for attorney representation. This may be more expensive than it's worth.

Lots of luck with this one.

Bill Holt
0 votes Thank Flag Link Tue Sep 1, 2009
Yes, You need to talk to your agent or the broker of that company and see how they can fulfill your needs.
Ofcourse as a owner you can list your house without any realtor by doing proper marketing , understanding the buyers mind, right pricing, staging your home etc...

A well knowledgable realtor knows these technique and may help to sell it fast and at a good price.

Keller Williams
Web Reference: http://www.devrealtor.com
0 votes Thank Flag Link Tue Sep 1, 2009
Terminating a listing agreement is called withdrawal. There are two types of withdrawals. What the company will first offer is a 'conditional withdrawal'. That means your home would not longer be marketed and listed as active in the multiple listing service, but it cannot be sold with out paying a commission to the listing broker.

You want an 'unconditional withdrawal'. This basically states that your listing agreement is null and void and your free to do as you wish.

Laura Giannotta
Keller Williams Atlantic Shore
0 votes Thank Flag Link Tue Sep 1, 2009
Hi Sudhir,

On signing the listing agreement & during the marketing presentation form this agent, there are some basic services that are covered.
These include but are not limited to : Putting the listing details on the relevant MLS ( Mercer county)
setting up a lockbox for access, brokers Open House, public open house, advertising by just listed postcards.

Also, accessibility & good followup & communication.

When you hired this agent, you must have perceived something that set him/her apart from other agents.

For eg. an aggressive email & internet marketing plan, their local expertise in East WIndsor & knowledge of the development , the schools , commute options, knowledge of your property model vs others & most of all the buyer profile for your home............this would be the marketing audience.

If they promised all this & failed to deliver......specifically what was the lack of performance on?

I do want to add...........if you listed with a limited service agency , a flat fee broker or an agent who discounted the commission at your insistence..........you get what you pay for.

And, the listing agreement is with the agency, not the agent.

You could ( after your talks with the agent) contact the office manager & voice your concerns to see what could be done to improve the situation for all concerned.

If that does not help then write a letter to the manager listing the issues of non-performance & seek a withdrawl.

A lot of times, it is a difference in expectations that have not been clearly communicated that will result in a situation like this ( exception is the dscounted commission listing.......)

Also, I believe in the cordialty between agents that add value to our work & reputation.

It is not professional for other agents to be scoping this unfortunate situation as an opportunity to make another look bad or through false empathy point out how they can do a better job for you.

Neither is it in line with the NJ Assoc of realtors rules & ethics that agents are required to comply with

Please fairly examine the interaction you have had since interviewing this agent & then take the appropriate steps outlined above.

Good luck.
Web Reference: http://www.SoldByShalu.com
0 votes Thank Flag Link Tue Sep 1, 2009
Hi Sudhir,

No one will make you stay in a listing agreement if you are not happy. Talk to the manager of the agency and tell them you wish to withdraw your listing because you are not happy. Go to another agency and do your research and choose someone with experience & interview them first. The one you have the best feeling about choose them.

If you need more information please contact me I will be happy to interview with you when you get released from your present listing agreement.

Good luck and let me know how you make out.......

This is my web site takes you to my profile and years of experience in your area
cell 609-658-5839
0 votes Thank Flag Link Tue Sep 1, 2009
Hi Sudhir,
You can terminate an agreement to sell but each company is different with how they handle it. Some are tougher to get out of agreements than others. Have you talked to your agent and told him why you are unhappy? Sometimes in this business things get hecktic and us agents as much as we try to keep in touch with our buyers weekly get side tracted. You should try talking to him and let him know what you expect from him. A lot of time we are doing a lot more than our clients realize. Just keeping your listings fresh on sites like this is a lot of work. I hope I helped and good luck with the sell of your house!
0 votes Thank Flag Link Tue Sep 1, 2009
You can ask your agent for an unconditional release, if they ask why tell them the truth that you are not happy with them, if they say no that you have a contract tell them that you know longer whant to sell your house and that you want to withdraw the listing. If you have any questions please give me a call.

Robert Porbansky
Sales Associate
Office # 732-634-2500
Direct # 732-841-4369
0 votes Thank Flag Link Tue Sep 1, 2009
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