Home Selling in 11706>Question Details

Evelyn09, Home Seller in 11706

Im under contract with an agent, I choose a different agent but she quit so i was pushed off to someone else in the company.

Asked by Evelyn09, 11706 Sat Sep 5, 2009

I never got a copy of the contract cause she quit not much longer after listing my property. So i have no idea what it says but it was with my old agent. I havent signed anything with the new agent except a adjustment to lower my price on the home. I want to take my house of the market cause it hasnt had any offers and im going to have a baby in a month. Im under contract til Dec. If i want to sell again in time after i take it off the market. Do I have to go with this agent? Also after my agent quit did i even have to stay with the real estate company?

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Good luck with the birth of your baby!
Now on to your question,... First and foremost, when you list your property for sale with an agent the actual relationship is between the brokerage and the seller so being reassigned another agent is normal. You should request a copy of your listing agreement from the brokerage.

As far as taking your house off the market, and selling it again in time, your listing agreement will spell out the terms of your listing. Generally when you list with a company you are able to withdraw from the market but should you decide later to sell you may still owe a commission to the previous broker it it's within the original listings timeframe.

Good luck!

Irene Renna

Century 21 Princeton Properties

631 467 0009 office

631 467 0029 fax

631 291 2180 cell

0 votes Thank Flag Link Sun Nov 27, 2011
I do hope that you are staying healthy and not letting this stress you. Baby first !!!!
If you are legally bound to a contract , you can be released by mutual agreement. Speak with the managing Broker of the company that you are listed with and discuss your situation with "him". They can release you from your contractual obligation if they want to. A Brokerage firm that rely's on a good reputation is eagar to please you . P.S. I am from Bay Shore & East Islip
Web Reference: http://www.PamEagan.com
0 votes Thank Flag Link Mon Dec 14, 2009
Agent works for a broker who can release you from the listng agreement based on terms and conditions. Contact broker review all your concerns. He will have a copy of listing agreement

Congrat's on baby !

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 Sun Sep 6, 2009

You should have received a copy of every piece of paperwork you signed. Your listing contract is with the broker of that company, not the indiividual agent. If you are not ready to sell your home, withdraw it from the market. Depending on how the withdrawal is written you are obligated to the terms agreeded upon. When the listing expires you are not obligated to relist with the same company. You can interview other companies and list with any company you fell is best for you.

Bay Shore is my area and would love the opportunity to dicuss how I market real estate.

Remember you must wait until your listing agreement expires or you are granted a released. If you list with another company before and sell the property you may owe the first company a commission.

Good luck,

Mark Hannigan
Web Reference: http://www.Realty-123.com
0 votes Thank Flag Link Sat Sep 5, 2009
Evelyn, if you really are not interested in selling until after December when your contract runs out, it might be easier to request a withdrawal. That means that should you sell it before the contract end date, you will owe them a commission. If you are not selling until after December, it makes no difference.

Don't ask for a copy of all paperwork, demand! It is the law. They have to provide you with copies of everything and should have done so upon your signing...right then and there! It angers me when Realtors don't know the rules and regulations or know them and defy them; either way, it's not okay. When one Realtor does not do the right thing, it affects all of us.

And you are certainly not under any obligation to relist with the same Realtor.

When you are ready again to put your property on the market, I would be honored to interview for the position. Gail@GailGladstone.com
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Sat Sep 5, 2009
Keep in mind that your contract is with the company, not with the individual agent. Your new agent should be happy to furnish you with each and every paper you have signed while under contract with the real estate company. If you take your house off the market, be sure that the company releases the contract and the relationship is no longer in effect. Should you decide to relist, you are not obligated to relist with the same company/agent.
0 votes Thank Flag Link Sat Sep 5, 2009
When your agent "quit", you are still "with an Agency; the Listing Company'. Contact the Broker or manager for that company and ASK FOR A COPY of your listing agreement. All your answers are in it. Most likely the currebt agent will deliver the paper work to you. Read it first, and write down all your questions. Then meet with your current agent and go over it and get your questions answered. If you need more input ask to meet with the office manager or Broker. The Broker wants you to be happy and will do all the can to get you an agent to meet your needs and desires. Happy home selling.
Web Reference: http://www.2hdb.com/sres
0 votes Thank Flag Link Sat Sep 5, 2009
Listing agreements are with the listing broker and not necessarily the listing agent (unless they're one and the same). Agents' licenses are held by their brokers and they work under their supervision. If an agent quits, the contract remains in effect with the listing broker or company until the expiration date. You can certainly ask for a copy of the listing agreement. You are certainly able to take the house off the market (withdraw) but you will still be obligated to that broker until the listing agreement ends - which means you can't sell it on your own without paying a commission to the listing or go with another broker until the listing period ends. If you do not extend the listing agreement, you can go with anyone else after the expiration date. Good luck.

Ralph Windschuh
Century 21 Princeton Properties
0 votes Thank Flag Link Sat Sep 5, 2009
Normally it is the decision of the agent's "broker" to allow a listing to be withdrawn for any reason. Our recommendation is to be in touch with the "broker" directly and explain your situation. Since these are extenuating circumstances they may be willing to consider your request.

Your original contract was between yourself and the broker of the real estate company...not the agent. Thus your sales contract was still enforcable....however , the loss of you agent, and the fact that you never recieved a copy of your contract could be percieved as "lack of performance."

Good luck
The Eckler Team
0 votes Thank Flag Link Sat Sep 5, 2009
Is the new agent with the same company (brokerage)? If the new agent is still with the same company you signed a listing contract with, you need to see if that brokerage will release you from the listing.Typically there is a clause in a listing agreement (depending upon how the agent filled out the contract) as to what length of time after a listing expires or taken off the market, that you could still owe them a commission. I don't know what type of agreement you signed with the listing brokerage/agent, so no one will be able to answer your questions specifically. You need to contact the Principal Broker/Manager of the company you are listed with. You don't sign a listing agreement with the agent, it is with the brokerage where the agent works which is why you were assigned a new agent as your are under contract with the brokerage. It may vary from state to state.
Web Reference: http://www.bettyjung.com
0 votes Thank Flag Link Sat Sep 5, 2009
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