Foreclosure in 95110>Question Details

Rjcadet, Home Seller in 95136

can i fire my real Estate Agent in a short sale. Even if there is a signed agreement. I want to hire a new agent.

Asked by Rjcadet, 95136 Mon May 24, 2010

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If the agent hasn't kept their part of the contract to serve you, then you are not bound to keep your part of the bargain. That said, the contract that you signed is with the broker, not the agent. Your first step with be to talk with the broker of the office and tell them why you want to be let out of the contract. If they agree, you are out. If they don't agree, I would suggest you contact the Ombudsman department of the Santa Clara County Association of Realtors to have a 3rd party negotiate on your behalf. 408-445-5099 And, if that doesn't work, then you can see legal help.
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2 votes Thank Flag Link Mon May 24, 2010

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.
0 votes Thank Flag Link Mon Jun 7, 2010
NO! You cannot fire your agent because YOU DO NOT HAVE AN AGENT. Your wife and her mother have an agent. In my opinion, they don’t have an agent either. They have a crook masquerading as an agent. If what you say about this character is true. You can file a complaint with the local Realtor Association, if he is a member. You can contact the California Department of Real Estate and lodge a complaint with that department. If that leads to a revocation of the agent’s license, that is good. You may even be in a position to complain to the local district attorney’s office. The actions of this agent may amount to criminal fraud. Please pursue these actions. This person needs to be eliminated from the real estate business and prevented from preying on other trusting and vulnerable individuals.
0 votes Thank Flag Link Tue May 25, 2010
Hi Rjcadet

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
this week.

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.

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0 votes Thank Flag Link Mon May 24, 2010
Wow indeed. I have come across this before as an attorney. I had a client who contracted to sell with an agent of a reputable broker. During the listing period, the seller (my client) found another home she wanted to purchase. The agent convinced the seller to make an offer without a contingency that her first house was to sell. The agent promised to rent the first house until it sold and to cover the balance between the mortgage and the rent. Needless to say it all fell apart quickly but not until the seller had already closed on the new home, giving her two mortgages and nearly driving her into bankruptcy and ruining her credit. It sounds like your wife and mother need to consult an attorney. I am available for a free consultation if you so desire.
0 votes Thank Flag Link Mon May 24, 2010
Hi Rjcadet, Go to this website and look up your Realtor name:
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.
0 votes Thank Flag Link Mon May 24, 2010
Wow, what an adventure. I sounds like there is more going on here than firing the Agent. What you have described is both unethical and illegal. I get so angry when I hear about fellow agents acting in such a manner, I want to scream. Since that won't help, do both our industry and the public a favor by filing a complain with both the local real estate board and the department of real estate:
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0 votes Thank Flag Link Mon May 24, 2010

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.
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0 votes Thank Flag Link Mon May 24, 2010

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 agent’s broker.
0 votes Thank Flag Link Mon May 24, 2010
Thanks for all of your responses! (this is a situation I inherited from my new wife. Her and her mom signed an agreement with a Realator) I want to fire my agent because there is no effort being made to sell. There is no sign on the lawn. There has never been an open house and now the realor has allowed a friend of theirs to move into the house! Not only has the other people moved in uannounced to us....but the Realtor is trying to execute a rental agreement between the rentor and the Realtor where the Realtor gets 50% of the first months rent!!!
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.
0 votes Thank Flag Link Mon May 24, 2010
Cappy gave you a good answer! I was wondering what stage you are in at this time, whether your agent already submitted an purchase offer to lender's approval or you havent received any offers for a long time? As you know, short sale is a complex sale and lots of paperwork and work involves in that..So, it depends what stage you are in to decide your next action.

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!

Blaison Samuel
0 votes Thank Flag Link Mon May 24, 2010
Yes, you can "fire" your real estate agent.

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.

Good luck,
0 votes Thank Flag Link Mon May 24, 2010

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
(DRE: 01767062)
0 votes Thank Flag Link Mon May 24, 2010
Depends--are you in the middle of a transaction--discuss all issues with your agent first, if no satisfaction, contact the broker owner of the realty office and ask to be assigned another agent from within--generally it's the broker owner who terminates agreements, not necessarily the agent.
0 votes Thank Flag Link Mon May 24, 2010
Hello Rjcadet, what type of signed agreement do you have with your agent? And why do you want to fire them?
0 votes Thank Flag Link Mon May 24, 2010
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