Home Selling in 02131>Question Details

Zooming, Home Seller in 02131

how can I cancel a sellers listing agreement with a broker. Signed it two days ago and nothing has happened yet. Live in masschusetts

Asked by Zooming, 02131 Tue Jun 12, 2012

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15
First of all, I am not a lawyer and always recommend seeking the advice of legal counsel when it comes to contract disputes.

You have signed a legally binding contract. There is no three day right of rescission for Massachusetts real estate contracts like there would if you were buying a car etc. Unfortunately, if the contract was executed fully and properly and the broker does not want to release you, there isn't much you can do about it.

I would recommend taking the friendly approach and telling the agent that you made a mistake and would like to cancel the agreement. He will need to get permission from his owner/manager because your contract is actually with the owner/manager, not the agent. If the 'boss' doesn't agree, then you have a problem and you may want to consult an attorney. It also wouldn't hurt to call the 'boss' directly.

From the agent's point of view, he has put in time and effort to meet with you, price the property and sign the contract, and you obviously felt comfortable enough to want to do business with him initially. It may be good to give him the benefit of the doubt, unless you feel his email is simply too off-putting. I have found that emails can often be misunderstood or misinterpreted, especially those sent from mobile devices where the sender often is in a hurry, or is distracted. This may not be the case here, of course, so you must act accordingly.

Good luck, I hope you sell the property.
2 votes Thank Flag Link Tue Jun 12, 2012
Thankfully my office offers a cancellation clause should you not be happy for some reason. Thankfully I've never had to use it. :) Call the office and ask to speak to the broker. Chances are they will attempt to keep you as a client. If you're not happy, I would suggest another agent. If you are in the Boston or surrounding market,
1 vote Thank Flag Link Fri Jan 18, 2013
Hello Zooming,
seems as though you have some good feed back here already about your question. I can tell you that each office is different and has different policies but most, if not all, will be willing to listen and discuss this with you. What type of listing agreement did you sign?. As mentioned here the listing is part of the office but the agent is the one that you will be working and communicating with so I would try to speak to that agent about that email. Sometimes "tones" are found in emails solely in the interpretation of the recipient and with no bad intention from the sender. So, speak to that agent and If you do not get a satisfactory resolution you could go to the broker-owner. Good luck
1 vote Thank Flag Link Wed Jun 13, 2012
Definitely have a conversation with that agent or with the head broker expressing what it was that made you uncomfortable. Usually an agent will unwind the contract as they don't want to work with a client who does not want to work with them.

Good luck!!
Web Reference: http://territory.com
1 vote Thank Flag Link Tue Jun 12, 2012
Kevin,
While you are in a legally binding contract, most agents will not want to stay in a listing contract with a seller who doesn't want to be in the contract. Have a face to face conversation with your agent to let them know your reasons for cancelling and if the agent won't release you from the contract, go to the broker of the office you are listed with. Hopefully everyone will make a good professional choice.
1 vote Thank Flag Link Tue Jun 12, 2012
The truth always is best. Let him/her know.

Jessie Cuddy, Realtor
Boston Bayside Properties
2253a Dorchester Avenue
Dorchester, MA 02124
1 vote Thank Flag Link Tue Jun 12, 2012
Well first you should gather the documents you signed and read them thoroughly. Write down in what ways you don't feel comfortable working with the agent/broker involved. You could ask them to release you from the contract, that may or may not work. If they are not the owner of the office/franchise/business you can address this with the owner/broker of record to see if there is a way to either release you from the contract or assign another agent/broker to work with. Some will do this, some may not. Some may ask for reimbursement for marketing efforts made so far. They may ask you to sign some documents. This is why I would recommend consuting with an attorney to review your documents, contract and situation and advise you on options available to you. A contract is a serious matter and you need qualified legal advice on how best to proceed.

Hope that helps,
1 vote Thank Flag Link Tue Jun 12, 2012
Call Carey Hansen at Nextgen Realty. 1-617-548-4032
0 votes Thank Flag Link Mon Nov 19, 2012
Ask your agent what the marketing plan to sell your listing is.
Set up ground rules - how often you want to be contacted, what you want to know from your agent,
what your expectations are. Send it to your agent in writing to discuss and agree upon.

This way, you know what to expect from the process.
You also know what the time frame is for each part of the process.

You may not know, but the agent could have emailed your listing info to his/her database of agents
or buyers already, or put it on different internet real estate sites...

Main thing: make sure that your house is in great condition, decluttered and staged - ready to be shown.
Also - that your marketing program shows your house on as many real estate sites as possible,
with lots of visual presentation (the max amount of pictures allowed in your local MLS) and virtual tour.

Best of luck!

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
0 votes Thank Flag Link Mon Nov 19, 2012
As mentioned... a frank and honest conversation will almost always fix this. be honest and most brokers will cooperate.
0 votes Thank Flag Link Sat Jun 30, 2012
ask nicely. Most people are reasonable.
0 votes Thank Flag Link Sun Jun 17, 2012
When I take a listing on it generally takes me all of the 48 hours allotted me by our local MLS (note: every MLS is different so check on what yours is). When you say "nothing has happened yet", are saying that you haven't gotten any showings or are you saying that the listing has not gone live? Your question is rather vague.

I have a booklet of information that I compiled over the years and I give it to my customer at our first meeting. Several of the pages outlines what I'm doing step by step behind the scenes to prepare the listing. Pictures take most of my time. It generally takes me 4-6 hours to load, crop and load into the websites and write the verbiage. That is just one aspect of entering the listing.

I'm hoping that your agent has taken the time to explain to you the process and when to expect to see your listing live.

Another thing that comes to mind is I'm wondering if you were in a hurry to get her there. Sometimes I've had customers that insist I come the day they call and when I explain that I am quite booked for the week, they do not hear that. Is it possible that she squeezed you in to get the paperwork done and is still working around other previously set appointments?

I would let you agent know that you are confused as to why nothing has happened and ask her if she has a timeline as to when you can expect some results. You might find that she has a perfectly logical explanation and that going forward would not be so bad.

If it is negligence on the part of the agent, you have the option to go to her broker and discuss the issue.
0 votes Thank Flag Link Wed Jun 13, 2012
Is it possible that the Broker's secretary was sent to the hospital two days ago?
Maybe the Broker's Father-in-law had an automobile accident and he has another priority right now.

What, exactly did you expect him to do in the first two days?
Create a Flyer?
Put the house on MLS?
Set up an Open House for this weekend?
Sell the house within 48 hours?

Possibly that Broker will be happy to lose this listing.
0 votes Thank Flag Link Tue Jun 12, 2012
Sorry i didn't make it clear. i meant something happened within the first two days that made me feel it was not a good fit. i'm not "crazy' ; ) Thanks anyway. All the best.
Flag Tue Jun 12, 2012
Zooming- To exit out of this agreement, it is always best to write a letter to the listing angent as well as the broker to terminate the agreement. State in the letter the reasons for terminating the agreement. I also have this form available. Its a form to suspend/terminate listing. If you need help with any real estate needs feel free to contact me at 617-820-1684 / Kerby@Exitbayside.com I am an agent for Exit Bayside Realty
0 votes Thank Flag Link Tue Jun 12, 2012
*for
Flag Tue Jun 12, 2012
No problem. Its not fair to anyone to be stuck in any situation if its just not working out.
Flag Tue Jun 12, 2012
Thanks so mcuh!
Flag Tue Jun 12, 2012
I mean the broker has done nothing yet except send me an email that made me feel uncomfortable. I think I made a mistake and want to go with a different broker
0 votes Thank Flag Link Tue Jun 12, 2012
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