Home Selling in Brentwood>Question Details

Anne, Home Seller in Los Angeles, CA

Lisiting Agreement question

Asked by Anne, Los Angeles, CA Wed Aug 13, 2008

I have had my property on the market for roughly three months, and have decided selling at this time isn't working in my favor. My listing agent has also made some questionable decisions, and my confidence in her has gone down with time. My contract with my agent expires in December, but I am preparing to take my listing off the market prior to the contract expiration.

My question is: Given my lack of confidence in my current agent, if I decide to re-list the property in December after my original contract has expired, am I able to re-list with a new agent? Do I have to honor the remaining three months from the time I took the property off the market?

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Dorene Slavitz’s answer
Three months is not so long to have your property on the market right now. Have you carefully looked at your competition (price and amenity wise)?
The things that effect home sales are Location,Size,amenities...and of course..price! This market appeals to first time homebuyers and investors.
You must wait until your contract expires to relist with another agent. Just a note, the best times to sell the spring and summer seasons.
1 vote Thank Flag Link Thu Aug 14, 2008
Withdrawn means that you are removing your property from the market, but are NOT released from your agency contract. If Withdrawn you are not free to list with another Realtor until your contract expires.

Canceled means that the LISTING CONTRACT has been canceled and you are free to list with whomever you choose. I would ask for that in writing with the brokers signature as well.

At Expiration you are free to do what you will.

Laurie Manny
Long Beach Realtor
1 vote Thank Flag Link Thu Aug 14, 2008

If your original listing agreement has expired, you can hire anyone you wish.

However, do note the CAR listing agreement has paragraph 4A-item #3 that states: " Seller agrees to pay Broker as compensation for services irrespective of agency relationship(s), either x percent of the listings price (or purchase price) or x compensation, and blank as follows: (3) if, without Broker's prior written consent, the property is withdrawn from sale, conveyed, leased, rented, or otherwise transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension."

Make sure you look at your listing agreement to see if this paragraph exist. I know some areas do not use CAR forms and your agreement may not have this item.

If it does, plan to meet with your agent to discuss your dissatisfaction with the service. If they do not release the agreement in writing, call his/her broker and set up a time to discuss the cancellation. Worse case scenario you decide to complete the listing period and then move on. Most broker's will release an unhappy client if the situation can not be rectified to the client''s satisfaction within the agency.

Web Reference: http://www.TalkToCJ.com
1 vote Thank Flag Link Wed Aug 13, 2008
You may cancel your listing at anytime, even before December and you do not have to use the same agent when you decide to re-list the property. Remember that the agent works for you.
0 votes Thank Flag Link Mon Aug 18, 2008
Folks, The Foreclosure answer man here (to keep others honest you see) This market should not Not NOT have any home listed for more than 20 days on the market with no less than 10 offers! Pay Trump and he'll tell you! Realtors don't get it. There is an underground economy MSNBC calls the vulture buyers.Hedge fund and capital manager who helped put us in this mortgage -mess. Now those who believe the Titantic could never sink and the Berlin Wall is still up - - - sail! Offer the home at $1,000 all cash price to the highest bidder and then cal l your scared and hyper nervous lender about your pending audit and compliance violation concerns. Theres a little more involved but 20 days on the market and get multiple offers. Or maybe do an open house for few more months.
0 votes Thank Flag Link Sun Aug 17, 2008
Hello Anne,

Not if you get an UNconditional cancellation. You need to be upfront w/your agen, saying that you are not happy with the service etc.... and you want to cancel the listing UNconditionally.

Yona Bello
Web Reference: http://www.YonaBello.com
0 votes Thank Flag Link Wed Aug 13, 2008
Hi, Anne:

You have received some excellent responses to your question. Once the listing has expired you can list with any agent you choose to list with. Your current listing agent does have the right for "x" number of days to bring a buyer that he or she has already shown the house to.

All my best,
Dot Chance
The Chance Team
Keller Williams Realty Studio City
818 339 7712
Web Reference: http://www.DotChance.com
0 votes Thank Flag Link Wed Aug 13, 2008
Hello Anne,

You can request the agent to remove the listing from the market. Withdraw it. This is a modification of terms form you can request from your agent. Your agent does have the listing until December. Your agent will still have any rights to commission through December so if you list it with another agent in the meantime you would still have to pay a commission to the agent that it is under contract with. Now another step you can take is to take a look at the marketing plan and make notes of what was and was not performed as promised. If you think your agent did a very poor job you might be able to take it up with the office manager and maybe an attorney. If your agent did such a poor job you might be able to state that you were hurt (if you were) but the agents performance. Further, you might be able to prove (if this is true) that waiting until December could hurt you if the market softens. If you need a referral to an attorney or would like me to review your case for advice, I'd be happy to.

If you truly want out of your contract an attorney might be your best answer to review your case but it's worth a shot just asking for a cancellation of the listing as opposed to having it withdrawn but under contract through December.

Good luck.


Monique Carrabba
The Reavis Group
0 votes Thank Flag Link Wed Aug 13, 2008
Once your contract has expired you may list with anyone you choose. The agent is not entitled to have the property on-market for the full listing period, but rather has the right to sell it and receive compensation during that whole period.

On a personal note I have had success selling in the slow market by marketing heavily and producing stellar websites. Take a look at my website below to see a few examples if you like. I have had three properties sell in less than 3 weeks in the past few months.
0 votes Thank Flag Link Wed Aug 13, 2008
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