Home Selling in 11367>Question Details

C, Both Buyer and Seller in 10010

We want to fire our broker who is trying to sell our co-op.

Asked by C, 10010 Thu May 14, 2009

We signed a 6 month agreement in February but we are unhappy with the job they are doing. For example: They arranged for a prospective buyer to come see the home and said that he (our broker) would be there. He never showed and no call. The buyer wanted to come back to see the home again. When we spoke to our broker he said he didn't have contact information for the buyer and asked us if we received the buying broker's card. I don't think that is our responsibility (our broker should have had their number in the first place).

On the contract it lists an end date for the MLSLI listing but there isn't an end date on the actual agreement.

What recourse do we have to fire them?

Thank you!

Help the community by answering this question:


i certainly agree that anytime someone does not show up for an appt, they better have a good reason.. like they are in the hospital or something. Short of that, it is unprofessional and rude. Having said that, I also realize everyone makes mistakes, so I am not sure if a single event would cause me to want to burn him at the st unake, but I would definately not be happy. Beyond that, I am confused why your agent needs to be present for the showing if the buyer has an agent? Maybe you requested assisted showings, but I don't suggest this (bear in mind I don't know your market, so I am speaking in general terms here). It reduces the availability for showings and frustrates all parties. You will miss potentially good buyers with this requirement.

It's a little unclear in your story how it came to be that you would have the contact information for the buyers agent that he didn't, so I can't venture an opinion on that. I know that there are times that an agent will call me while I am on the go, and I will do my best to help them; but I don't have the ability to write down who it is at the moment - like when I am driving or with another client or something - and I've forgotten who it was that contacted me... and if that agent has shown the property and my client might have his card, I would call my client to get the info again so I could follow up and keep the records that I like to maintain.

Just remember, you are a team. This is a tough market. While it sounds like you have at least one very valid concern about your agents performance, I am not sure you have an actual breach of contract. You may need to contact the broker of the office and discuss the situation = maybe the broker will reassign your listing.
1 vote Thank Flag Link Thu May 14, 2009
Most "Branded" Realtors are a bunch of lazy agents looking to list, list and list. Most of them hate showing up, specially if it is an buyer with an agent. True, that on occasion it is impossible to meet all of the prospective buyers schedules and making arrangements But to have to sellers show their own units on a regular basis is unacceptable. I see it every month...listings agents from the biggest firms simply dropping a few dozen flyers in the units and letting the sellers do their job. I don't care what the average broker, sales person says. The industry has a crappy reputation because of these "listing" agents.

Just last week I took my clients to three different apartments - OMG, not one agent was available to be there... I will always show my own units and when a buyer has an agent I will be there to open the door and speak to them at the very least for a few minute MOST of the time.

Do You want to fire them?...don't - until you have a sit down with them. Ask your listing agent's broker to meet with you - don't speak to the sales person - specially if they havent done their job. DEMAND TO SPEAK TO THE BROKER! Express your concerns and ask him / her what they will do different. If the broker says, I will do this, I will have them do that, make sure you write it all down. Also say that if they don't follow through you want OUT of the contract. Any decent broker will let you out of any contract since they know you can trash their reputation with LIBOR and worse, the NYS DOS. The last thing a broker needs is complaints in the BBB - the NYS DOS or an audit with the LIBOR.

On a last Note - Next time Go with either your local broker or with someone that does a lot of independent advertising in places like Trulia, Cragslist, backpage etc AND NOT JUST DEPEND ON THE LIBOR MLS I mean, a broker / agent that does ADVERTISING EVERY DAY and you can see it for yourself. There is no guarantee your unit will sell, specially if it has been overpriced for similar, comparable properties.

Good Luck
0 votes Thank Flag Link Mon Feb 14, 2011
The date not showing up on your copy is it because it did not come through the copies I wonder--you may want to speak with the owner or manager of Brokerage Firm. If there is no date on yours, again, ask the Broker to let you out of the agreement unconditionally; you don't want to be stuck with 2 separate commission bills. If they don't agree to let you out you may request another agent from that company to handle your listing. If you need assistance feel free to call or e-mail.

0 votes Thank Flag Link Thu May 14, 2009
I clearly understand what you are talking about your agent not being there to show your co-op. It all depends on the arrangement you made with your agent regarding showings. But to be honest with you, its very important for the agent to be present there to show the property because thats why the sellers have hired him. Also if the buyers are accompanied by their agent and he has knowledge about the complex then it may be OK for the listing agent to be not there but to just let the buyers go and view the co-op on their own is not a good idea. I am always present on all showings of my listings whether the buyers are coming from my website or thru another MLS broker. The answer to your follow-up question about written offer is that if the buyers are not motivated they will not make a written offer. Motivated buyers come to see the co-op with all their paperwork together.
0 votes Thank Flag Link Thu May 14, 2009
Hi Vickie,

This is just one incident that I'm mentioning. There have been other issues as well. We don't insist on the broker being present it's just that he said he would be there. When the people showed up my wife had something of a blank look as she couldn't account for our broker. It made us look unprofessional. When we called the broker later on and told him the buyer was interested in coming back he said he couldn't confirm as he didn't have their information. We didn't have the information expecting this to be something our broker would have as he is the one who made the appointment. To me that's unacceptable. If we knew our broker wouldn't be there then we would have made sure to get a card.

Fast forward a couple of days and the broker is sitting in our home waiting for the interested buyer to show up. The buyer didn't but I don't fault her as there was no confirmation.

Follow-up question - Is it normal practice to get a written quote from a buyer? Our realtor doesn't require it but I've heard others do.
0 votes Thank Flag Link Thu May 14, 2009
Dear Seller, if you are not satisfied with the performance of your agent/broker you can always opt out of the agreement. You may ask for a an "unconditional release" of your listing and cancellation of contract. If you get a release you can always relist with another agent/broker.

But this time you must make sure that the agent/broker is very professional and will deliver on his promises. Few things you must make sure of like, where are they marketing your apartment ? Which websites are they listing your apartment on ? Are they familiar with the rules, regulations and boards requirement for a new buyer ? Does your new agent/broker have an internet presence ? Do they have good experiance in handeling Co-op sales ? If they will hold Open Houses ? Will they be present at all showings, and show your co-op professionally ?

I hope that answers your question and if you have more questions or would like to speak with me, please feel free to contact me at 646 594 6447 or 718 224 3900 x 203. You can also e-mail me at sshrivastav@laffey.com

You are also invited to visit me on my website at laffey.com/sshrivastav OR realtor1.listingbook.com
0 votes Thank Flag Link Thu May 14, 2009
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