You can not make a 1 bath home more but you can replace an old front door and make the home roomier.
Whatever reasons you need also to understand why there are issues. The agent has other properties to sell and you are one of his/her listings. If there is no traffic then step on advertising.
Strictly speaking you can cancel the real estate listing agreement at any time during its course. Itâ€™s your right and prerogative. And I asume you have an "Exclusive Listing Agreement" with the brokerage.
However, for the cancelation to not become a "breach of contract", both you and the broker supervising your agent must sign the cancelation agreement. If signed by you unilaterally and voluntarily, you may be liable for paying the broker the commission. I'm confident that if you bring your issues for discussion with the agent and he broker at the table, you will find common ground and best path forward.
Good luck and let me know if I can help more.
We're ready when you are!
Century 21 Realty Alliance
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I donate 20% of my professional fees to The LAM Foundation http://www.thelamfoundation.org to help women diagnosed with this cruel disease.
Another thing to consider. If your agent is NOT the Broker, you should probably touch base with the Broker first. If this is the set up, your agent is considered a "Special Agent" who hangs his/her license under the Broker's. Your relationship is really with the Broker, through the agent, so any listing agreement and/or Buyer's Representation Agreement is really with the Broker and not the Agent.
Perhaps the Broker is not aware of the issues you're having with your agent. They might be able to rectify the situation, re-assign it to another agent, take it over themselves, or let you out of the agreement all together.
I suggest you speak with a contracts attorney who specializes in real estate matters. None of the agents responding here (as far as I can tell) are licensed to give legal advice. Hopefully you will be able to work things out with your agent without having to seek the advice of an attorney.
However, I would first take another look at the contract to clarify your obligations, your agent's obligations and the method of terminating the contract between you both. I would then speak to your agent to go over your concerns. What specifically has your agent done/not done to make you unhappy? Why do you want to get out of the contract? Lastly, why have you opted to exclude your home from the MLS and work by exclusive showings only? This reduces the amount of qualified buyers who see your home potentially lowering your net sales proceeds.
Maybe your agent will walk away if you re-imberse him/her for his/her out of pocket expenses? I guess what I'm trying to write here is that you need to have a frank discussion with your agent. Good luck.
I wholly dislike the idea, but some agents just don't get it!
CUPERTINO? really. Don't worry too much. Your agent already broke a rule that we all abide by as identified by Cappy below, right? If the agent hasn't damaged you, financially, delaying the time when you will realize your sale and possess the net proceeds, your Cupertino home will be sold in no time!
If marketed properly, priced correctly and presented perfectly It will take like ..a weekend!
just ask nicely
As everyone has stated, you should voice your dissatisfaction with the agent. More importantly, you should have a conversation with the broker. The broker will want to know if he/she has an agent that is performing poorly and will likely take the necessary steps to keep a client happy; including terminating the relationship with the agent.
Also, most common listing agreements mandate that a listing be posted on the MLS within a few days of the execution of the listing agreement. A property can be excluded from the MLS but there must be an addendum stating how long the home is to be excluded from the MLS.
Have you read your copy of the contract? Both Gerard and Anna gave you good advice I would follow it, also you need to talk to your next agent and tell him/her what you expect from your agent before you sign the listing agreement. There are some VERY good agents right here on trulia who know your area cold. Contact a few of them and see if you can't get that service you were looking for, I bet you can! :)
It really depends on the agent. As an example, if you were listed with us but were very unhappy with our services, etc., we would let you out of the contract. Thatâ€™s our personal policy â€“ we realize that working with an unhappy client is no good for anyone. Many local agents realize this and do exactly the same thing.
There are other agents, however, who do not view things the same way and may want to hold you to the contract until it expires. The best thing is to talk to talk to your existing agent, explain you concerns and ask that the contract be terminated. If they agree, then ask for a Cancellation of Contract form and sign it â€“ make sure they cancel completely with no caveats of any kind. If they are unwilling to cancel, then you are more than likely stuck. You can, however, make it impossible for anyone to show the property and you also have the ability to turn down any offers that may come in.
If you have valid reasons, which you may/may not want to share with your agent as to why you are not happy with them, then yes, you can cancel your Listing Agreement with them at any time. Would it be feasible for you to speak with your agent and work things out....or is it too far gone and there is no going back?
Make sure you are released with no compensation to your current agent, so you can work with the next one with a clear contract.
After the "Cancellation of Contract" is signed by you and him/her, you can definately go ahead and pick another agent.
I live and work in Cupertino, know my City inside out! and would be happy to meet and chat with you AFTER you have resolved your contract with your current agent. Please do check out my website, and let me know if I can help you. Be well and safe, regards,
If the broker is unwilling, it depends on the contract, the CAR listing agreement tends to be binding, while the PRDS gives the client the opportunity to cancel the contract. The next step would be mediation and arbitration, which would be binding. Hopefully you do not have to resort to mediation. Good Luck on Home Selling. If you have any other questions or concerns you can always contact a Real Estate Attorney.
Eric & Janelle
Top 1% Intero Real Estate
Silicon Valley Specialists
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Different agents/brokers have deal differently with this type of situation. Some are willing to let you move on after a simple conversation regarding your dissatisfaction. Maybe the feeling is mutual. Either way, request a formal cancellation in writing and make sure if it is an agent, there broker has signed as well.
It is best to sit down with the agent and explain why you are not happy with their current services. Let them know exactly what needs to change for you to continue the relationship. It may be simple issue of communication.
More often though, it is best to tell your agent you are not happy and asked to be released. You may be surprised at the result. A good agent will change their practices to satisfy whatever is making you unhappy - or simply sign a release.
No agent wants an unhappy customer.