Home Selling in 61547>Question Details

First_time_s…, Home Seller in Chicago, IL

My realtor just delisted my home halfway through our 6 mo contract without my written consent after I requested a cancellation of contract.

Asked by First_time_seller, Chicago, IL Thu Nov 18, 2010

I live in Illinois and signed into a 6 month contract and 3 months have passed. My realtor's only advice to sell was a large price drop, which I could not accept. I requested a cancellation of contract due to the fact that it seemed we were out of options and I was not offered any alternative options when requested. Realtor just delisted my house without my written consent, pulled the signs and removed my home from all listings. I have contacted the broker as well as the president of the local realty (well-known nationwide) branch to voice my concern and desire for a contract cancellation.

Is it legal for a realtor to do such things without client consent? Has anyone run into this issue before?

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Answers

15
I don't get it. You asked to cancel your listing agreement, and your agent followed through with your request. Why are you upset?
2 votes Thank Flag Link Thu Nov 18, 2010
I agree with the last answer, if you asked for it to not be listed anymore why the trouble? sounds like they were just doing what you asked.
0 votes Thank Flag Link Thu Apr 25, 2013
I disagree with all these realtors as they are missing the point! First of all, just how you are required to sign the contract and pay a commission if they sell they should be held to proper contractual procedure. This is not a one way street. If you had an agreement to list the property for six months and they remove it then they should get your consent to remove it in writing. They can not simply remove it because of a conversation. The purpose of having a contract is so every decision made is transparent by both parties. No decisions or altercations can be made if not in writing. If we allow this then what's the point of having a contract.
0 votes Thank Flag Link Thu Sep 1, 2011
I am not sure we have all the detailed information, and we do not know exactly what the listing agreement says, because it all depends on those terms...So you may want to double check that - At the end whatever the outcome may be your most important interest is to have your home on the market, have it marketed and advertised so that you do have a chance to sell it, and yes Price may be the most important factor besides,
curb appeal, upgrades, necessary staging etc.

Read Jeanne's answer carefully I think she is letting you know what you can do at this point, before if you decide to sit down with the broker and Agent, read your listing agreement carefully.

Good luck and I hope you can resolve it in a friendly manner and after marketing you will be one of the lucky sellers actually selling your home... In this current markets patience is required, we are in most parts of the country if not in all in Buyers markets, more homes on the market, more competing homes and much less ready and willing and approved buyers, and those who are buying, can Cherry Pick the best of the best at the very best price....

Edith YourRealtor4Life and your Chicago Connection
Working always in the very BEST interest of her clients
0 votes Thank Flag Link Mon Nov 22, 2010
Hi there, not a good outcome if you want to sell your home - my recommendation is to demand on a meeting with your agent and his manager/broker and insist on one of the following options:
1. Unconditional release from your listing arrangement - in writing. If you are successful with this, then you are free and clear to list with another firm/agent.
2. If they will not release you, then I would insist that they continue to market your home - ie, sign goes back up, listing on the MLS, efforts to market carry on.

Pricing is so central to success - so whether with this broker/agent or another, if your home is overpriced, it is unlikely to sell.

Good luck to you,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Mon Nov 22, 2010
The r eal problem here has not been addressed! All marketing has stopped but the listing has not been cancelled! The brokerage in question can't have it both ways. It sounds as if you are being held hostage for another three months. If your broker refuses to cancel your listing they must continue to try and sell your property. Call Sheryl! You have the attention of the IAR president, use that clout to solve your dilemma, Sheryl, please post up the results so we can all learn what is at the bottom of this and learn from it.
0 votes Thank Flag Link Mon Nov 22, 2010
@Daniel - the agent delisted my home, however they did not cancel my contract. I am not complaining but seeking others advise. I'm sorry you feel the need to be harsh.

@Dp2 - thanks for replying again, the broker did not provide me with any alternatives. They just repeated what my agent said, "we can de-list your home but we will NOT cancel the contract". I dont have a beef per say, I'm just trying to find out my options based on their actions, as previously mentioned, while trying to avoid going to a lawyer. I have not had a recent appraisal and i appreciate that suggestion.
0 votes Thank Flag Link Sat Nov 20, 2010
Did you or did you not tell the realtor to cancel your contract??
"after I requested a cancellation of contract"

What are you complaining of, you got what you wanted! Grow up!
0 votes Thank Flag Link Sat Nov 20, 2010
Contracts are entered and exited in writing, and that's how it's been for centuries.

It's disappointing to see another professional accuse other professionals of not being professional. It's clear from the exact wording of the original post that the OP contained several conflicting statements. However, some opted--instead of nitpicking over various details--to focus on the heart of the matter: 1) the de-listing, and 2) the contract cancellation. Some assumed that the OP would clarify things further (which in fact has happened), and then they'd be able to fine tune iteratively.

First time, if you didn't make your request in writing, then you should submit one to the broker in writing. Additionally, just because you don't want to work with that agent, that doesn't mean you couldn't work with another agent who works for that broker. Did your broker present you other alternatives?

Additionally, is your main beef with your initial agent that s/he didn't present any other alternatives to lowering your sales price? If so, then did you walk your comps? Have you had a recent (within the past 30-60 days) inspection/appraisal? If so, did the resulting value support his/her or your valuation of the property? Is it possible that you're shooting the messenger in this case?
0 votes Thank Flag Link Sat Nov 20, 2010
Thanks for all the feedback so far. Although the realty company delisted my home (without my written consent) they are refusing to cancel my contract. Sorry if that was not clear in my original post.
0 votes Thank Flag Link Fri Nov 19, 2010
Hi! Unfortunately...many people in this industry think it's ok to cancel a listing in the system without a written consent agreement between client and Realtor. I see Realtors do this all the time to get their listings to show up as new for a short while. Without a written agreement it is absolutely illegal to do this practice. I am sorry that other professionals treat this behavior with a business as usual attitude. If you would like a professional opinion on what will get your house sold please feel free to give me a call...847-707-1590. Remember, the number one reason why a home doesn't sell is price and the next Realtor you choose to work with should be honest with you from the beginning on what the market will bear for your home. Honesty is one of the five fiduciary duties a Realtor owes you upon signing an agency agreement. Perhaps you could file a complaint that this fiduciary duty was not met by your last Realtor with the Illinois Department of Professonal and Financial Regulations. Good luck and know you can call me anytime...for any reason.
Stay in touch, Aislinn Ryan
0 votes Thank Flag Link Fri Nov 19, 2010
Your Realtor complied with your request quickly - and seems to have given you good advice on a large price drop to get your home sold.

I don't see any issue with the way they handled the situation?

What is your beef? Why do you feel it is unprofessional?

Good Luck!

Gerry Dunn
Associate Broker
Serving Maryland, D.C. and Northern Virginia
703-216-9100
0 votes Thank Flag Link Fri Nov 19, 2010
First time seller you requested a cancellation of contract and your Realtor® complied with your request. Cancellation of contract meens that all marketing activity stops and as there is no contract with the listing brokerage to sell the property it must come off the broker to broker exchange system. Without a valid listing contract, which you cancelled, there can be no offer of compensation for a cooperative sale which is the main reason for being on the broker to broker exchange (MLS).

It seems to me that the listing brokerage has done what you wanted and you are going higher up the chain and demanding from people that they do what has already been done.
0 votes Thank Flag Link Fri Nov 19, 2010
Hello,

I am very sorry to hear about your situation. Unfortunately, I hear about my fellow Realtors acting in an extremely unprofessional manner far to often lately. It is absolutely wrong for this real estate salesperson to take your home out of the MLS without formally canceling your listing agreement and providing you with written proof. I am sure that when their Broker hears about this, you will be getting a very big apology followed by begging you not to cancel the listing and providing you with additional options to better market your home without such a large price drop. I wonder why your agent suggested a large price drop anyways? The market has not changed that much in 90 days! Did they provide you with a Comparative Market Analysis suggesting the current market price to begin with? I hope everything works out for you. Take care.
0 votes Thank Flag Link Thu Nov 18, 2010
I would like to talk with you personally. Please call me @ 309-686-5057. Sheryl Grider Whitehurst, President Illinois Association of REALTORS
0 votes Thank Flag Link Thu Nov 18, 2010
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