Home Selling in Edgewater>Question Details

David, Home Seller in Edgewater, NJ

What if an real estate agent insists not to withdraw the listing?

Asked by David, Edgewater, NJ Fri Feb 12, 2010

A friend of mine is having a problem with his agent. He doesn't want to work with him anymore. He and his wife asked for unconditional withdrawal many times alreay so that they could work with other agent if they need. However, the agent and his manager keep saying it's impossible and they won't withdraw the listing. What is the seller's rights in this case? How can he solve this problem? Is there any specific complain-form to the realtor board in NJ?

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David, to be honest, the Broker is not obligated to allow the seller to withdraw the listing, just because the seller asked - especially with no good cause. Your friend signed an greement - it is legally binding. You stated he "doesn't want to work with her anymore". You didn't say why.

It's difficult to give you advice for your friend without having more information.

I'd suggest he and his wife sit down with the Broker of record and discuss their concerns. If they are having a problem with that particular agent, I am sure the Broker would assign a new agent.

If you friends just arbitrarily decided they want to relist with another agent, then they may have to make the best of it, and remain where they are until the listing period expires. If they can show that they aren't getting the maketing they expected, or somethimg else has gone awry, that's another story. They still should, in my opinion. still try and work it out..

The agent and company has already spent time and money............I can understand they want to have the full listing period to get the job done, and get the house sold.

If your friends have a legittimate problem, and they can't work it out, then their only recourse is to seek out a real estate attorney, but that's really going a bit far. Is it really worth it, unoless something terrible occurred.

I can't imagine an office holding a seller hostage if they are really that dissatisfied.
More than that, I can't say without knowing all the particulars.
2 votes Thank Flag Link Sat Feb 13, 2010
David: Debbie Rose is a well respected New Jersey Agent and very fine Person. I'm in full agreement with her and with her suggestions concerning the matter. Regards,
1 vote Thank Flag Link Sat Feb 13, 2010
A friend of mine tells me that the agent and broker are not obliged to withdraw the listing, and that a contract is a contract. Another friend of mine tells me that if a new agent shows up and induces a seller to cancel their listing so as to relist with the new agent, that new agent can get into a big world of trouble.
1 vote Thank Flag Link Sat Feb 13, 2010
Hello David,
I imagine a local Real Estate Broker may answer this for you, however here is a link to the New Jersey Real Estate Commission. They are there to help consumers and can answer your questions and concerns and advise you of the process you seek as well as help you to place a complaint should one be needed.
http://www.state.nj.us/dobi/division_rec/index.htm

I hope this is helpful and wish you the best!
1 vote Thank Flag Link Fri Feb 12, 2010
David,

Did your agent provide you with a list of services you could expect when you listed your property with him/her? If so, our recommendation is to review this information relative to what has actually been done by the agent and their company and present any short comings to the "broker".....not the agent or manager.

If you were not provided with this information, generate a list of normal services that one would expect during a listing and present any deficiencies here as a basis for your request to withdraw your listing. (number of showings, internet presence, print advertising, agent communication, agent feedback from showings, open houses, professionalism, etc.)

Using this as a basis for your complaint may get you the results you are seeking.


Good luck,

The Eckler Team
0 votes Thank Flag Link Sat Feb 13, 2010
Good point, Mack.

David, tell your friend that if his desire to cancel his listing is because he has been lured or approached by another agent while listed with the current agent - that could cause a whole lot of problems - for the interloper - (the new agent).
0 votes Thank Flag Link Sat Feb 13, 2010
Have a real-estate attorney review your listing agreement.
0 votes Thank Flag Link Sat Feb 13, 2010
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