Home Selling in Queens>Question Details

jennifer, Home Seller in Queens, NY

signed with a bad realtor

Asked by jennifer, Queens, NY Mon Aug 11, 2008

I signed with a realtor for six months, I'm in my third month. realtor does not return phone calls and when he does respond he does so via email or text message. I find this very unprofessional. I am now actively trying to sell my home by myself. if an agent responds to my ads, do I have to give my agent a commission since I'm doing the work. I plan to file a complaint with the board of realtors and the owner of the the company. Help. I'm I suck with him for another three months?

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25
Gail, as professionals in the real estate industry, the assumption from home sellers and buyers is that they can come to us for real estate related issues. This is a real estate related issue, and deserves our honest opinion, without the caveat that it "requires an attorney". Sue me- it's too redundant for consumers to deal with that "veil". They need OUR assistance.
Web Reference: http://optionsrealty.com
3 votes Thank Flag Link Mon Aug 11, 2008
It would be a mistake, without a canceled listing agreement, to locate the buyer yourself- you'll be stuck with the listing fee. Call the managing broker immediately, and request that the agreement be canceled. If the comany won't release the listing, you ARE stuck- make certain that you share with the listing broker that you intend to make clear to anyone that will listen that this agency is to be avoided. Hopefully, they'll offer a release without having to make the process of selling your home more of a nightmare than the current market forces. Holding sellers "hostage" is a horrible way to do business- perhaps the broker is smart enough to recognize this reality.
Web Reference: http://optionsrealty.com
3 votes Thank Flag Link Mon Aug 11, 2008
Contact the agents manager and request to be released from your agreement based on the previously mentioned reasons. Give him/her the opportunity to deal with the issue before going to the Board of Realtors. A reputable Broker will release you from the contract. At Coldell Banker Residential Brokerage we have a 60 day Sellers Guarantee. You are the client, and the agent has a fiduciary responsibility to you. Representing a Seller or Buyer client is a serious responsibility and you should never have this problem. Demand the best, you are paying for it!
2 votes Thank Flag Link Tue Aug 12, 2008
Jennifer, Sorry to hear of your distress called. First talk to the Principal Broker for the company and tell (him,her) the situation. Tell them you want a release and if you don't get it, file a complaint with the Board of Realtors now. You should not try and sell your home till this is resolved, as you may be forced to pay a commission. Most companies would let you out of the contract, if you are not happy with the service, but I can't speak for all.
Web Reference: http://Paulmvpteam.com
2 votes Thank Flag Link Mon Aug 11, 2008
Please check with your attorney...this is contract law...and it is against our Code of Ethics to give legal advice.

Have you let the Realtor know you prefer communication by telephone and not text messages?

You can also ask the Managing Broker if they will provide you with a different Realtor to work with; your contract is with the brokerage, not the Realtor.
Web Reference: http://GailGladstone.com
2 votes Thank Flag Link Mon Aug 11, 2008
Good morning Jennifer,

You're "not" stuck with anyone ... you're just one of the many very unhappy clients that come to Trulia and find out it's not a rarity to get bad service from the real estate community.

This from yesterday: http://www.trulia.com/voices/Home_Buying/How_can_I_change_my…

Welcome to the real world ...

You're about the 2,579 poster here to have the very same complaint ...

Just because an agent is in the business, doesn't mean they "know" the business ... keep in mind, most are still coming off of the "show them 5 houses on Sunday - and have a contract by Wednesday" syndrome ... well, those days are over -- waaay over.

It's as easy as 1, 2, 3 to cancel the contract ... you were very specific and clear on your wants and needs above, so do the same on your cancellation letter.

1.) write down all of the specifics, plus times and dates ...

2.) call and make an appointment to speak with the broker and or manager tomorrow ...

3.) briefly go over it with him/her and get the cancellation in "writing" -- and call it a day.

In todays market, realty companies are getting a huge amount of consumer heat .. like car dealers, they don't need anymore.

I might recommend interviewing 4 or 5 quality agents in your area .. most are looking for a job right now ... this time, take your time and find a good one - they are the minority.

PS: Most important - don't forget to file your complaint with the Attorney Generals office.


-

http://www.trulia.com/voices/Home_Buying/How_can_I_change_my…
1 vote Thank Flag Link Wed Aug 13, 2008
You may want to consult the Managing Broker to see if he will release you from the listing considering your not happy.They will most of the time.If he does make sure you get it in writing and signed.As long as the contract is still in effect its still binding unless agreed to by all parties.
1 vote Thank Flag Link Tue Aug 12, 2008
Most certainly the best way to resolve this issue to to meet with your Realtor and discuss your sentiment. I would suggest that you ask the agent to invite his/her Office Broker to attend the meeting so that it's not "you vs. agent". Brokers have an obligation to meet with clients when requested and to be neutral. It seems the most important issue for you is communication so discuss that. Meet at the Broker's office at a time convenient to you but, try to be flexible since Brokers are always very busy.

Another alternative would be to request the Broker to assign your listing (and you) to another Agent within the office that the Broker may feel would be a better "fit" with you. Sometimes certain agents are great with some folks and others are terrific with different folks. We all (agents and clients) have certain ways we like to communicate with each other. Some like e-mail or text and some like the telephone. It's all about style and time.

A great Broker (your Listing Agreement is with the Broker not the Agent) will allow you to end your agreement if you really wan to end it. No Broker or Agent wants a past or present client to be unhappy. Bad experiences get communicated 10 times more than good ones! The Broker may (and rightfully so) require a commission to be paid if the property sells to a buyer that was shown the property during the Listing Agreement prior to being cancelled. Also, if it's cancelled, make sure it is truly cancelled in the MLS as another agent cannot list it while it's "withdrawn" or "on-hold" in the MLS.

This will all work out. You wanted a Realtor to sell your property and you deserve to have the best "for you". Try to work it out with the Broker and don't take it personally - it's a business transaction. In this tough market, people who work in Real Estate are struggling each month just like clients and your agent may be under some personal stress - although no reason not to return your calls, we never know what's the reason.

Much success in selling your property & cheers to you,

Thom Colby
Irvine, CA
2008 Chair, Pacific West AOR MLS Committe
2008 Member SoCal MLS Board of Directors
2008 Member SoCal MLS Technology Committee
2009 Member-elect, PWR Board of Directors
2009 Member-elect SoCal MLS Board of Directors
1 vote Thank Flag Link Mon Aug 11, 2008
This question was asked in 2008.. Did anyone else notice this?

Have a great day;

Christina Solorzano;
CEO & SR Credit & Mortgage Consultant of
Everlasting Credit Repair
Making home ownership more than a dream...
Retired Mortgage Banker
http://www.everlastingcredit.com
0 votes Thank Flag Link Tue May 21, 2013
JEEWAN PERSAUD of CENTURY 21 Crossroads Realty in Queens of 127-16 Liberty Avenue is a goat!!!! Worst Realtor to deal with!
0 votes Thank Flag Link Tue May 21, 2013
JEEWAN PERSAUD of CENTURY 21 Crossroads Realty in Queens is the worst Realtor !!! He was racist to me telling me to go back to my country!!! He cursed me out front a group of people including lawyers!!!! I have audio recording of this incident!! He threatened me and said "do you know who I am, find out about me".
0 votes Thank Flag Link Tue May 21, 2013
If you are that unsatisfied go ahead and speak to the owner or manager of the Realty Company and ask for an uncondional release; you can also report the conduct if unethical the Long Island Board of Realty. If you try to sell on your own during the contract, you will have to pay your broker a commission.

Anna
917-576-5376
abrocco@laffey.com
0 votes Thank Flag Link Tue May 5, 2009
Jennifer,
I agree with Russel, you need to speak to that Broker asap! Look over your listing contract, come into the meeting armed with solid examples. That Broker may want to give you another agent, but I would suggest you have hom let you out of the contract.
Let me know if I can help you any further. I have had clients come to me after this has happened to them as well.
Anne Wanchic
The Realtor Referral Assistant
0 votes Thank Flag Link Tue May 5, 2009
Speak tot he Broker and explain your situation. You haved signed a listing agreement and not a contract which legaly differ. However if you have a vaild complaint or example of the Realtor not performance 99% of the Brokers will release you from the Agreement. No Realtor wants to work with a client/customer that does not want to work with them. Be calm and collected when presenting your situation and all should go well.

You may want to chose a couple of realtors from another broker to present thier marketing and advise and then chose.
0 votes Thank Flag Link Tue May 5, 2009
Speak tot he Broker and explain your situation. You haved signed a listing agreement and not a contract which legaly differ. However if you have a vaild complaint or example of the Realtor not performance 99% of the Brokers will release you from the Agreement. No Realtor wants to work with a client/customer that does not want to work with them. Be calm and collected when presenting your situation and all should go well.

You may want to chose a couple of realtors from another broker to present thier marketing and advise and then chose.
0 votes Thank Flag Link Tue May 5, 2009
Hi Jennifer,

You need to meet with the owner of the listing office now and get an agreement to dissolve contract.
If you sell without doing this you will surely owe this agent a full commission.
Remember the Internet is your best friend in selling your property and letting the world know (blogging) who the bum is that is waisting your precious time and money.

All the best,
James Joseph
0 votes Thank Flag Link Fri Dec 12, 2008
Dear Jennifer,

As Vice Chairman of The Long Island Board of Realtors Professional Standards Committee I can advise you that you have a right to file a ethics complaint based on current situation based on a violation of the Realtors Code of Ethics. Please contact LIBOR at 631-661-4800 and as for Judy Becker who is coordinatior for the Professional Standards Committee. She will forward you all the pertinent information about filing a complaint.

If you are unhappy with the service of your real estate representative you should immediately contact the owner/broker of the company. Certified letters work well, and please make sure you keep detailed notes on your negative experiences. If you have signed a valid listing agreement you can always requst a withdrawl but you may be subject to a commission if the property sells prior to the original expiration date of the listing agreement. If you signed an exclusive right to sell agreement you will be subject to a commission if you do sell the property on your own.

Please feel free to contact me with any additional questions you may have at my office, 718-279-8762.

Very truly yours,

Douglas Montgomery
HomeNY Corp.
Broker/Owner
0 votes Thank Flag Link Fri Dec 12, 2008
Your agent has a fiduciary responsibility to you as a client and a responsibility to market your home to help you maximize the value of your home. We are going through turbulent times in the economy and you need professional representation. Unfortunately, many agents take a listing. There is a tremendous difference between that and marketing your home. You should have been presented with a comprehensive marketing plan before you signed any agreement. I would contact the manager or Broker of that organization, lay out where the agent has failed and void the contract. I am amazed at the way homes are listed on MLS with no pictures, incorrect information, agents don't show their listings. Perspective buyers and their agents have to go to the listing agent’s office, leave a deposit, pick up the key and show the listing. I would certainly demand more. That's why you hired a Realtor. Good Luck!
0 votes Thank Flag Link Sat Nov 22, 2008
On behalf of the entire Real Estate Professional team please accept my apologies for the trouble you are experiencing. First, my advise would be not to enter into any other contractual agreement while thi existing one is still valid as it could cost you.
All licensed RE professionals have a fiduciary responsibility to their clients. For legal advise on any contract information you should see your attorney but i would definately consider speaking to the Broker or Office manager, in person and if you don't get an acceptable response contact his local Realtor board.
Again, i am sorry to hear about your situation and hope you resolve it
0 votes Thank Flag Link Sat Nov 22, 2008
Jennifer,

I am sorry to hear about your dissatisfaction with your representation. I hope all parties involved can come to a mutually beneficial agreement on how to proceed from here, or to just grant you a full release so you can be free to make your next decision regarding the sale of your home. I found the responses here to be very interesting. Do exactly what you feel is the best thing for you. Wishing you the best.

Regards, C.
Web Reference: http://www.TannStarr.ws
0 votes Thank Flag Link Fri Aug 22, 2008
YOU DO NOT NEED A REALTOR TO SELL A HOME. I HAVE SOLD 2 HOMES ALL BY MYSELF AND MY REAL ESTATE LAWYER ( $550 FEE). THE AGENT IS WOOD, YOU DO NOT NEED THEM AT ALL. IF YOU CAN POST BALLONS AND PRINT UP FLYERS YOU TOO CAN SELL YOUR HOME. ALSO I SOLD AT MARKET PRICES AND PRICED EQUAL WITH SELLER PRICES THAT STILL HAD A COUGH OVER THE COMMISSION. I MADE THE MONEY FOR ME!
0 votes Thank Flag Link Tue Aug 12, 2008
Contact the broker of the listing agents company, the broker can reassign a new realtor to your case.
0 votes Thank Flag Link Mon Aug 11, 2008
Jennifer,

Contact the agents manager and request to be released from your agreement based on the previously mentioned reasons. Give him/her the opportunity to deal with the issue before going to the Board of Realtors.

Good luck,
The "Eckler Team"
0 votes Thank Flag Link Mon Aug 11, 2008
Jennifer,

With a valid contract in force, going it alone will only add to your problems. Talk with the broker and present your position. Ask to be released from your contract.

It is not my recommendation to "go it alone" unless you are very experienced with real estate transactions. Not all real estate agents are created equal. There is one out there who will do it right.

Good luck!

Dominick
0 votes Thank Flag Link Mon Aug 11, 2008
Most brokers if a seller is unhappy will honor the request and cancel the listing. Sorry to hear about your experience however you need to have an executed cancellation of your listing agreement. If you make attempts to market your home the agnet based on how listing agreement is authored you have legal issues.
http://www.lynn911.com http://www.homes-for-sale-dallas.com
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Mon Aug 11, 2008
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