Change the locks on the property first. The last headace you need is trying to remove tenants that a realtor put in the property. Do what has been stated by the agents below but also check the agent's DRE licesnse number on the website. His DRE license should be written on the documents your family has for the short sale. If the license is not active that should open up some options for you.
Sure you can fire your agent, but hopefully you are not in the middle of a transaction as this will
cost you time and it depends where you are in the Short Sale process and if an Auction date
has been set.
Your listing agent has likely setup ties with the Asset Managers on your loans. Find out where
he is or if he is waiting for an offer to come in. A short sale is a test of patience and a lot of
documenation from the Seller (your) side.
We have done quite a few transactions in Blossom Valley, go to our web site and should be closing one
Let us know if we can help, but you should get to the bottom as to why your home is not selling, is it
price, is it effort on the part of the agent etc. etc.
Once at their page, click on their "employing broker" information.
Have your wife call their broker and demand an immediate cancellation of contract.
If the agent is also renting the home out to tenants without your wife's written permission (or with whomever they signed the listing agreement) that may also constitute fraud. I believe that if someone is living in the home without the owners permission, you can call the police and have them removed for trespassing. This sounds like a nightmare, if all your facts are correct. Hope it works out okay. Kind regards.
Guy Berry gave you very good advice. I'd like to add a question I think the Broker is going to ask; who is on title to the house? Your wife and mom signed the agreement, they need to have a legal document, such as being on title or another document, trust, power of attorney, etc. to sell. If they are not on title then there would be questions as to the legality of the contract they signed. The other question is what type of contract did they sign? Is it for rental or for selling or both? As this would dictate the scope of the duties of the broker/agent.
Sounds like you have cause to cancel the agreement. Ask the listing agent to provide you with a cancellation of contract. In addition, the home cannot be rented without you signing the agreement, so by not signing, the rental should not be able to go forward.
If you have any issues, talk to the listing agentâ€™s broker.
Bottom line...I am firing and want to bring in my own Realtor who will sell.
I ask the question cause i have been advised that if the sale involves a "short sale" then I can fire the existing realtor with out penalty. There are no pending offers at this point. The Realtor has a history of representing the buyer and seller so frankly they arent advertising.
If you havent received any offers for a long time or is not doing what your agent told you then my suggestion is to sit with your agent and discuss your concerns and see if your agent can solve it and if your agent cannot resolve then tell him/her your concern about hiring a new agent to do short sale and canceling the contract with him. I'm sure your agent will understand your concern and happy to cancel if you are not satisfied or cannot be resolved....I wish you all the best and before you select any other agent, interview couple of agents because not all agents are good in short sale. Good luck!
The best way to do this is to simply ask the agent to cancel the listing, if the agent mutually agrees, great. Still check and inspect the signed agreement though, to see if you the safety clause was check and it's details. There might be fees for cancellation. If the agent refuses, then call his or her broker. If that fails, just ask for a different agent.
Where are you in the process and what do you mean by "signed agreement"? Are you referring to an Exclusive Right to Sell Agreement or are you referring to an offer that was accepted? Did the bank approve the offer? Lastly, what are the issues; why do you want to fire the agent?
Assuming that your home is listed as a short sale and the agreement to which you are referring is an exclusive sell agreement and there are no current offers that have been accepted, then my advice would be to first speak with the agent about your concerns and then speak with the agent's managing broker. If you are still not satisfied then write a letter to the agent and managing broker terminating the relationship in no uncertain terms and directing them to remove your home from the MLS. Ask them to prepare a cancellation form (CAR Form COL or PRDS Form REXAD).
You can fire your agent but the agent has protections to still earn a commission in certain circumstances; such as if you sell your home to a person that the agent had shown the property within a certain time frame.
I would like to know what the issues were so we may all learn from them. Good luck.
Cappy D. Myers