Home Selling in 07730>Question Details

tresdee, Home Seller in West New York, NJ

Why there is no protection clause for the seller in the contract with the real estate agent?

Asked by tresdee, West New York, NJ Wed May 20, 2009

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The biggest protection of all is until a ready willing and able buyer is provided you typically own nothing. The Realtor spends time money and expertise with no guarantee of earning a cent. To be fair though I think you are really asking how can seller be protected from agents who do poor jobs in selling their home. I suggest you get details of what your agent will do in writing. I often give sellers an escape clause in the event they are dissatisfied with my service. Depends upon the agent.
0 votes Thank Flag Link Wed May 20, 2009
tresdee: Protection clause of what kind? From absolute stupidity? A contract is a meeting of the minds reflected in an agreement. (It doesn’t even have to be in writing for it to be a contract, verbal agreements are just harder to prove exactly what was agreed upon and contracted for by the parties!) So, my really honest question is: What protection do you want that you have not insisted be part of any contract you sign? We see, on this site, over and over again, the complaint that someone signed an "agreement" (a hazy way for saying contract) and there was small print or undefined issues. While I will admit that a Realtor SHOULD know the business better that your average buyer or seller, our professional association and most brokerages are well aware of the impact of a public reputation for doing business in straightforward way.

Nevertheless, if you sign something you haven't read or don't understand, the only protection clause that will work is one that voids the contract on the grounds of stupidity. It should be followed by a law that forbids the incompetent from entering into agreements. Oh! I think that is already covered. Just declare mental incompetence and you're home free.

If I seem “tough,” I guess that I am just tired of people who want someone else to do the work, including that of thinking things through.

Best wishes in your real estate transactions. Hire an expert in real estate, and also in law and in home inspections before you sign anything, except if you have a “protection” clause that lets you act according to the information that you receive in a timely manner.
1 vote Thank Flag Link Wed May 20, 2009
Not only are you "tuff" but your response is specious at best. Sellers need protection above and beyond attorney review and contract. A mishandled listing can cost oppportunity, money and even put a property into duress.

For someone "tired of people who want someone else to do work", frankly I'm glad you haven't represented any of my interests in real estate. Stroll down to a community college and try professionalism 101.
Flag Sun May 20, 2012
Hmmm.. What exactly do you mean? The listing agreement is the "protection clause" for the seller, as it clearly defines the rights and agreements of both the Realtor and homeowner.

I am interested in your thoughts.

John Sacktig
Broker / Manager
Orange Key Realty
Office: 732-863-6969
Cell: 732-213-1409

JSacktig@orangekeyrealty.com
0 votes Thank Flag Link Wed May 20, 2009
Can you be alittle more specific? What type of protection are you referring to?
0 votes Thank Flag Link Wed May 20, 2009
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