Home Selling in 28203>Question Details

Coco64, Home Seller in 28203

in the state of north carolina can I legally break my exclusive rights to sell listing agreement if its less than 30 days?

Asked by Coco64, 28203 Mon Nov 15, 2010

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9
Coco,
First and foremost I agree with Keith. The only way someone can give you an honest intelligent answer to such a question is to have examined the paperwork for the agreement.

However I can tell you that the NC Real Estate Commission boiler plate form that most of us use does not have a "trial period" of any type in there. Now with that being said there are a number of remedies for whatever issues you are having. My first advice is (as other agents have already stated) to discuss your issues with either the listing agent or their "Broker in Charge" (this is the broker that is in charge of that agent and they literally hang their license under theirs). If you cannot get some resolution then request to terminate the listing agreement. There is a standard termination form that you can sign and they can sign so they can withdraw the listing.

Now if you are planning on selling it yourself to someone that has looked at the home while it was listed you could be liable for the commission still. So there are always things that need to be verified before you do anything hasty.

If you are planning on relisting the home with a different agent hopefully you called them first and not the other way around because if they solicited your listing while you were actively listed by another Realtor then they are guilty and could be punished by the NC Real Estate Commission.

Just be careful and get plenty of advice and be sure of what you are doing is the right thing.

Hope this helps,
1 vote Thank Flag Link Wed Nov 17, 2010
NC does not have a 30 day "out" clause. If you have what you believe to be "special consideration" that the listing agent is not acknowledging that mandates your termination of the contract, call me (Bill Ahls @ 704-780-0654) and I'll try to help you get some free legal advice from a closing attorney I use.
1 vote Thank Flag Link Mon Nov 15, 2010
Great question...this is a relationship...I always say the agent and seller must like one another or the relationship probably won't work...if you plan on getting out of an agency relationship so soon after contracting a professional to help you...be honest why you are looking to end that agency...and as other colleagues' have noted, come to a mutual agreement with terms(if any)about how to end that.
Good Luck
0 votes Thank Flag Link Fri Jun 13, 2014
Yes. If you and the agent come to a mutual agreement on the terms of the termination.
0 votes Thank Flag Link Fri Jun 13, 2014
If you want out of your listing agreement, call your agent and discuss your circumstances with him/her directly. The terms of each listing agreement are negotiated between the seller and agent and thus unique to you. Most agents would like the opportunity to know and "fix" whatever the problem is if it's with their services. You can always ask to discuss your situation directly with the Broker in Charge if you and your agent can't work it out.

Best of Luck.
0 votes Thank Flag Link Mon Nov 15, 2010
Yes you can as long as you can come to an agreement with the listing broker or agent.
0 votes Thank Flag Link Mon Nov 15, 2010
Hey Coco64,

I do not believe there is a law about it being less than 30 days. Because each Exclusive Right to Sell Listing Agreement is unique in the terms that you and your Realtor set, it will depend on a few factors.

In NC, most of our real estate contracts can be terminated through mutual consent. If it has been less than a month and you no longer wish to have your home listed with that company you may want to be aware of what the listing firm put in Paragraph 8, section (c). The amount of time stated could be something like 30-45-60+ days - so if you take your home off the market with that agent and sell it on your own, they may be entitled to compensation IF and only IF you do not sign with another firm. (So if you're planning on trying FSBO be very aware of this!) If you're looking for another agent, I recommend asking your friends who they used and were happy with or try to interview 2-3 agent. I also do not recommend simply asking for a CMA or market analysis up-front. (You don't want every agent you speak with to know all your nitty-gritty details... because if you don't sign with them it could hurt your positioning should they bring you a buyer.)

What we do at Dickens-Mitchener is to set up a mutual interview - a 1-on-1 with the seller to determine if it is a right fit for both parties. Your time is valuable and so is ours and we want to make sure that the seller is as confident in hiring us as we are confident that the seller will work with us. You want an agent who will be straight-forward with you about pricing and who will be a knowledgeable and valuable resource throughout the process.

After reviewing the NC License Laws, the only thing I can find is that listing agreements must have a termination date. If you wish to terminate early, you would need to contact your agent about changing that date and have all parties sign. Please visit the link I have provided (NC Real Estate Commission Rules) and reveiw Chapter 93A Rule A.104 (b) for reference.

Hope this helps! Please call me if you have any further questions.

Katie Pope Githrie
Broker/Realtor
Dickens-Mitchener & Associates
704-806-2881
kguthrie@dickensmitchener.com
0 votes Thank Flag Link Mon Nov 15, 2010
The short answer is that the ONLY person that should be advising you needs to have read all the paperwork.
The long answer is that anything can be negotiated, you'll just need to make your case as to why you should be released from your agreement.

Most Realtors and their brokers are not out to make someone who has changed their mind about selling be forced to sell. However, if there is a good reason why you want to break your contract, then make your case to the Realtor, and if they do not seem receptive, then their broker.
0 votes Thank Flag Link Mon Nov 15, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
it depends on the circumstances that are casuing you to break the agreement. Normally you can if the reasoning is a sound one as to why you wish to break the agreement. You will need the broker In Charge of the firm that haas your listing to sign off on a termination of agreement.

I recommend you call the listign agent and explain why you wish to terminate the agreement. if the lsitign agent is not cooperative in regards to helping you then contact there Broker and go that route. Normally, a broker will allow you to terminate the agreement if they feel you are justifed in yoru reasoning as to why.
Web Reference: http://www.davedicecco.com
0 votes Thank Flag Link Mon Nov 15, 2010
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