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Can I fire my listing agent? I signed a listing agreement two weeks ago.

Asked by , Fri May 15, 2009

The MLS listing the agent submitted has the wrong price and a description of someone else's unit. I notified him right away and he said he would fix it. Three days later, it was not fixed and I notified him again of all of these errors (and more I discovered). It is now more than two weeks and the listing has not been corrected despite further notfications. What can I do?

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Moonrakr, There are RE Professionals and then there are people who possess an RE license. I would recommend finding a Professional. Good things to consider...http://www.trulia.com/blog/rockinblu/2008/12/i_ve_got_my_fin… ...If you do then these type of problems will not occur.

I'd also consider just explaining your experience here..... http://www.dos.state.pa.us/dos/webforms/survey.asp?s=C6C8C88…

It could be interesting to see if they feel what you went through was Professional.

1 vote Thank Flag Link Sat May 16, 2009
you clearly are unhappy with your agent and no longer want to work with them - in my opinion the way things have been going are unacceptable. So far you have done your best to get them to contact you to discuss getting out of the contract... even sent over the forms asking to be released from the contract a week ago with no response.

if I were you I would stop wasting my time with them. If it were me, I would prepare some kind of written statement addressing your attempts to contact them and your desire to exit the contract. Put in a clause that if you do not get a response to address nullifying your current contract from them by xx time, your current contract is null and void and you will be seeking business elsewhere. Do note that I am not a legal expert but its a total disservice to you and a waste of your time to continue to deal with unresponsive agents and you can most certainly do better. Good luck and keep us posted.
0 votes Thank Flag Link Wed May 20, 2009
Thank you all for your suggestions. We still have not heard from the Broker. The MLS listing is still incorrect (since 5/3/09). We tried to contact the Broker yesterday but he was not available so we prepared a letter to follow up on the fax, asking that he contact us within 24 hours. At 11:30 am the agency called to advise that a showing had been scheduled for noon. We scrambled to put out clean towels, etc. and get out before they arrived.

Our building has a front desk so we know that this “showing” consisted of two real estate agents and no clients. (Agents from the same company, but a different office.)

To add insult to injury, later in the afternoon I got an email from the listing agent asking “How did your showing go today?”

Am I being too sensitive or is this just unacceptable?
0 votes Thank Flag Link Tue May 19, 2009
This comes up frequently in large firms where the Broker in Charge is in charge of many offices, with managers in each one. Ultimately the person whose neck is on the line is the BROKER, not the manager. Call the BROKER and speak to him directly not a manager. If he does not reply... call an attorney.
0 votes Thank Flag Link Mon May 18, 2009

Even though the broker is at another location, you can still request to speak with him/her and also let him/her know that you wish to fire the agent and take your listing some place else. You should have put a deadline in the letter for when you expect a response back.

Let me know what happens.

Renee Porsia
Associate Broker
(215) 669-0589 Direct
(215) 358-1100 Office ask for Renee
0 votes Thank Flag Link Sat May 16, 2009
Thanks. No showings... no nothing. But if you could read the listing, you wouldn't want to even see it. It was horrible. Spelling errors, punctuation errors, grammatical errors. I would have never looked when I was a buyer. It's humiliating.
0 votes Thank Flag Link Fri May 15, 2009
I agree with you fully that any mistakes that are made (and we all make them from time to time I assume) should when noticed or pointed out be corrected immediately. It is not difficult and it is also not time consuming to do so, but some offices do not let the agents input listings, or make changes it has to go through the broker/administrator and that can sometimes take a bit longer but definitely not days.....

And yes although you discussed price and listing terms with the listing agent, your listing agreement is with the brokerage the listing agent is associated with and when you want out of that listing agreement you need to contact the manager/broker of that office......

They will either offer you a better solution and remedy of the problem or if you insist agree to the cancellation of the listing agreement, and yes read the listing agreement carefully to make sure that you will be able to relist with another brokerage company - Another question did you have any showings on your property in the two weeks?

Good Luck to you!
Edith YourRealtor4Life Working always in the very BEST interest of her clients!
0 votes Thank Flag Link Fri May 15, 2009
Thank you for the helpful information. I tried to contact the Manager/Broker but he is in a different office than my local listing agent (to whom I have spoken at length about this problem). We got a fax number and faxed our concerns and documented the errors and asked for an unconditional release from the contract. That was at 1 pm this afternoon. We have gotten no response.

I am (I believe) a reasonable person. I listed the property at a price less than he suggested. I gave him two weeks to correct his errors, and "reminded" him many times that it needed to be corrected. He listed the property at the wrong price and with another unit's description!

I am very thankful for all of your suggestions. I will wait a while for a response from the manager, but not very long. Any other suggestions are welcome.
0 votes Thank Flag Link Fri May 15, 2009
talk to his broker, are you sure it was him that inputs info in the mls or is it his admin. that is out of town and he cant change it himself. ...ask his broker.
0 votes Thank Flag Link Fri May 15, 2009
I would contact the broker and if this agent is not up to par you should be able to exit the listing agreement.

Sean Dawes
Long and Foster Real Estate
Web Reference: http://www.SeanDawes.com
0 votes Thank Flag Link Fri May 15, 2009
I agree. You have to talk the Manager (Broker) of that office. They may not want to release you from the listing contract. They will offer to have someone else take over the listing or they may withdraw your listing but not release you from it totally. In order for you to be release from it totally you have to ask for an unconditional release. This way if you have someone else you want to list your home, but have no more ties with that company. It’s unfortunate that you have to deal with an incompact realtor but sometimes it happens. I hope this helps you.
0 votes Thank Flag Link Fri May 15, 2009
Hello Moonrakr,

Sorry to hear about your issue with your Realtor. You certainly can fire your Realtor if they are not doing their job.

You should request a meeting with him and ask him to show you his paperwork that has the information about your home on it so you can see where he got his information. You can also get the chance to speak with him and listen to his reason.

If you simply do not want to talk with him and you have proof that he was not doing his job then you can give his broker a call and tell him/her that you want to fire the listing agent. Keep in mind that the listing agent does not own your listing. The broker does. Even though you met with and hired the Realtor, it's not his listing. So, you actually need to fire the broker.

After speaking with the broker, write a letter and mail or fax the letter to the broker explaining why you want to fire the broker and what date the termination begins. If you plan to relist with another broker, make sure that your current broker doesn't have a clause in the listing agreement that prohibits you from relisting with a new broker for a specific time period.

I hope this helps and if you have more questions, feel free to ask.

Renee Porsia
Associate Broker
(215) 669-0589 Direct
(215) 358-1100 Office ask for Renee
0 votes Thank Flag Link Fri May 15, 2009
Contact your agent's boss - the broker.
0 votes Thank Flag Link Fri May 15, 2009
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