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Michele, Home Seller in

I have been in a listing contract with a realtor for 6 months with 2 more to go. Among so many problems with

Asked by Michele, Sat Feb 16, 2008

him, he is now threatening me that he will sue me for his commision if I refuse showing requests - I've declined only 2, due to illness, that were rescheduled. Based on his behavior towards me, I do not think he will easily release me from my contract. Can I atleast request he give me 24hr notice for showings from this point on? He tells me it is only a courtesy for him to notify me of requests and that he may let people through whenever he wants.

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II am so sorry about the experience you are having with your Realtor. If your request is for 24 hour notice, I don't think that's unreasonable (in fact in our MLS the agent can put that in the showing instructions). You may want to talk to an attorney, but if you were sick and missed two showing requests, I don't think he has much of a case. If the agent continues to be a problem I would speak with his manager. Threatening to sue for commission over two missed showings is in my opinion crazy and the agent is definitely lacking in the customer service area. Good luck!
2 votes Thank Flag Link Sat Feb 16, 2008
Contact the agent's managing broker and detail your experiences with that agent. Then ask the broker to release you from your listing agreement with that agent. 8 month listing...he's threatening to sue you...he says he can let people in whenever he wants?

No way. Eight month listing: Way too long, in most cases. When I've sold my personal residences, we've made it 3 month listings, and agreed that if we were pleased with the agent's efforts, we'd extend, if necessary. Threatening to sue: I'd say all trust is gone. You no longer have a viable working relationship. Saying that he can let people through whenever he wants? Wrong. You're the homeowner. It's your property. It's your land, your house. Your agent is only your agent--representing you in a real estate transaction. You could require 48 hours notice if you wanted. (No, I wouldn't advise it. Elvis is right: It will discourage showings.)

Sounds as if the roles have been reversed; your agent sounds as if he thinks he's in charge. He's not. You are. Again: Speak to the managing broker. Detail your grievances. Then get a release so you can find another agent.

Hope that helps.
1 vote Thank Flag Link Sat Feb 16, 2008
Don Tepper, Real Estate Pro in Burke, VA
Yikes! It sounds as though you may want to place a call to his managing broker, and see if you can work out a compromise regarding showings.

I don't believe he has a leg to stand on, regarding suing for commission if you refuse showings. (disclaimer: I'm not a lawyer), and I'm not a big fan of 24-hour notice, which will slow your potential showings to a crawl. It is NOT a courtesy for him to notify you... you are the owner of the property and entitled to notification/approval of each and every showing. Have the managing broker set him straight, or release you from their contract.
1 vote Thank Flag Link Sat Feb 16, 2008
Alan May, Real Estate Pro in Evanston, IL
Michele, I am so sorry that you are having this problem. In most states the listing agreement that you signed is with the brokerage firm therefore you are the client of that firm NOT the agent. You need to reach the office manager and insist on having another realtor represent you and make sure that you express your dissatisfaction to the broker.
0 votes Thank Flag Link Mon Feb 18, 2008
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