Question Details

Joanne, Both Buyer and Seller in 08724

It doesn't seem as if my Realtor is working up to my expectations, can I get out of the contract?

Asked by Joanne, 08724 Tue Apr 22, 2008

She screwed up the ad in the newspaper and said it was a computer error. She had an open house and posted the signs one hour earlier. One person showed up. The house has been for sale for two months and there has been only one call. No other Realtor has called about the house--Nothing!!

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I see a couple of issues in this post:
1. Seller expectations - when you agreed to work together, what did you agree to do? Communicate on a regular basis? Review the market on a reguar basis? Obtain feedback on all showings?
2. In most markets buyers rule. So if you have been on the market for two months, what did your Realtor say would happen? What was the plan if it did not?

Your goal is to sell at the highest price, right? I would suggest calling the Realtor, then the broker, and ask for HELP!. In our office if that happens, the Broker will assign a Top Agent to make sure that the client is satisfied. The squeaky wheel gets the grease, so squeak!
1 vote Thank Flag Link Tue Apr 22, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
In Florida, there is a section in the listing contract that states whether there is a penalty charged if you break the contract. It also states that you may be responsible for some of the expenses of the listing agent. You should go back and check out your contract to see if it addresses this issue. I do not charge a fee to break the contract. I believe you should be happy with my work or be free to hire another agent.
1 vote Thank Flag Link Tue Apr 22, 2008
In California, there is a specific beginning date and end date for a listing agreement. However, if a seller has sufficient cause to believe that the agent is not fulfilling their duties in the Disclosure Regarding Agency Relationships, then the seller can go to the agent's broker to get out of the contract. The best thing to do is to talk with the agent's broker and see if something can be done to switch to another agent within the brokerage. Oftentimes if you are at least staying within the same brokerage, the manager will make the proper decisions. Best of luck!
1 vote Thank Flag Link Tue Apr 22, 2008
Usually in your listing agreement it should state that there's a procedure for cancelling a listing. In most States, it's enough just to put it in writing and both parties then agree to cancel the listing.
1 vote Thank Flag Link Tue Apr 22, 2008
Joanne, I would communicate with your Realtor what your expectations are, usually lack of communication is the problem. In my experience ,Typically the reasons a home gets little or no attention are: 1. over priced
2. condition of home (doesn't show well, cluttered, in disrepair, odors,lack of curb appeal etc.)
3.location of home: it's not in a desireable part of town, is in a depreciating part of town, neighbors have junk in thier yards, there are un correctable challenges like too close to a train track, a busy hwy or frwy, an electrical tower, yard is sloped, etc.
Once it is on the MLS/internet and there is a visible yard sign - agents and buyers (who drive around looking in the areas they want to live in) will be able to find it. Perhaps in this correcting market you have unreal expectations. I'd get with your Realtor and review the current trend analysis and absorption rates for your area, and perhaps adjust your game plan. Realtors don't control the market 'results' and out come, we service it and our clients. You may also want to get together with your realtor and tour/preview the other homes in your area (your competition) just for comparison.
as far as the open house, I put my yard sign out early in the week for a Sunday open house, then on Sunday I put my pointer signs out an hour before ( also because our local codes doesnt allow pointer signs) and being a Weichert agent- our Open House systems totally rock (we put 8 yellow pointer signs and 2 yellow balloons on each sign- all around the area leading to the house- people cant miss it!) We make an event out of it. Doesn't always garantee people will come, but it raises the odds!
Hope you find this helpful. Your listing agreement should outline what your options are. If you are not sure, call the Broker and meet with He/she and your agent to get back on track. I'm sure they will want you to feel like you are being well served. Good luck!
0 votes Thank Flag Link Tue Apr 22, 2008

This sounds like a communication issue. It is possible in this difficult market that the things she is doing are fine. Except for the lack of communication, I don't see any glaring issues here. (The newspaper frequently fouls up real estate ads) I have had to yell at them on more than one occasion for foul ups.
Open houses where people don't show? (been there). No Realtors call, That happens a lot in a buyer's market...especially if the home is overpriced.

I am not convinced that she is not doing her job, but YOUR OPINION is the only one that matters.

I would talk to your Realtor first about your concerns and see what she says. If you don't like the answers, tell her your intentions, and see if the contract will allow lyou to break, She may do it anyway if you are unhappy with her.
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0 votes Thank Flag Link Tue Apr 22, 2008
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