Home Selling in Texas>Question Details

Sanhu, Home Seller in Texas

seller breach the listing

Asked by Sanhu, Texas Mon Apr 2, 2012

We hired an agent to sell our house one month ago. After a month, we are not so happy with his service, so we are thinking of stopping selling our house. We sent him en email, he said we have to pay $2000 to terminate the contract.
The next day, the centralized showing service called our home number, only my wife was at home, because of the situation, she said we don't want to sell our house, and asked them to remove the house from the listing. The centralized showing service called my agent after. Later when I was back ( only an hour after), I called the showing service right away, and explained to them because we had some dispute with our agent, only that day we cann't show the house, and I asked them to put the house back to the listing and make it available the day after.

Then our agent said we breached the listing, and demand us to pay him the commission.

I need some advice here, thanks a lot.

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Answers

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Review your listing agreement - they usually will have a clause that addresses termination of the contract.

You can also contact the listing agents broker and have them assign you to another agent in the office if you can't work out your problems with your current listing agent.
1 vote Thank Flag Link Mon Apr 2, 2012
1. In Texas, it doesn't matter why you want to terminate the listing agreement, you can do so by giving the agent's broker written notice of the termination and the sign and lockbox must be removed promptly.

2. Tell your agent to put in writing his demand for $2,000 before he will notify the broker of termination. If he does so, then file a written ethics violation with the local real estate board or association with whom the agent is associated. Your ignorant agent is dead wrong in his demand but I'm willing to get an ethics hearing will help educate him.

3. You MUST put your notice of termination in writing to the broker as your broker is the party who is responsible for the listing agreement. I would fax it to the broker's office and make sure you get a confirmation the fax went through. Then call the broker and note the conversation just in case the broker is just as incompetent as the agent.
0 votes Thank Flag Link Mon Apr 2, 2012
Guy, careful how you practice law. Yes, you can terminate 'agency' at anytime and the agent must abide however it doesn't relinquish the obligations of the contract. Call TAR. They will offer you free legal advice anytime you have an issue.
Flag Thu May 10, 2012
Thanks so much for your reply. The agent is also a broker, and he has no boss.
Do you think I breached the contract just because my wife called the centralized showing service to remove our house from showing list?
Flag Mon Apr 2, 2012
Have you had a discussion with your agent regarding your expectations, if not consider the idea. If you wish to terminate your agreement contact your agent's broker owner, and or office manager, and express your concerns; oftentimes it's the broker owner, and or office manager that terminate agreements, not necessarily the agent.
0 votes Thank Flag Link Mon Apr 2, 2012
May I ask what is it that you are unhappy with your agent and was this communicated with your agent? Was the agent allowed to address/correct the problem? Communication is key throughout the process. If the problem cannot be corrected for whatever reason I would read over the contract you signed and see if there is a termination clause. In good faith I would think that the agent would let you out of the contract if you cannot come to a resolution. If this is a full service agency you can contact the broker and they may assign it to another agent out of their brokerage. I'm not sure about the $2000 fee. In our state no fee is paid unless services are rendered which means a contract and successful closing. Hope this helps.
0 votes Thank Flag Link Mon Apr 2, 2012
Thanks for your reply.
What do you think about the seller breach? My wife called the centralized showing service to remove it from the showing list, then I called back to put it back in, then our agent said this is seller breach, and demand us to pay him the commision.
He is the broker and the boss, we tried to discuss with him, but he seems not willing to do so.
Flag Mon Apr 2, 2012
Wow, people like that really gives us Realtors a black eye. First of all you did not hire an agent, you contracted with a COMPANY not a single person. Your listing agreement is with the company that guy works for, not the guy himself although agents don't know this or they act like it is not true, but it is. You need to contact the company he works for and let's hope he is not the office broker. You need to speak with his boss, the office broker and ask for another agent to work with. Without seeing the listing agreement I can't comment on much else, but I can tell you that you can ask for a different agent in that office to work with until your listing agreement expires. Unless there was an offer made there is no commission that could even be discussed.
0 votes Thank Flag Link Mon Apr 2, 2012
Thanks a lot for your answer.
The agent is the broker and the boss. I did send him emails trying to resolve it, but he seems not willing to discuss with me.
My question is my wife called the centralized showing company to remove my house from the showing list, then I called back to put it back in, is this a seller breach? My agent said I have to pay him the commission.
Flag Mon Apr 2, 2012
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