If our realtor is not doing a good job for us can we cancel the contract with them?

Asked by Debbie, Lincolnton, NC Sun Dec 16, 2007

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Ian A. Wolf, Agent, Morristown, NJ
Sun Dec 16, 2007
Not typically. Some agencies/agents do have guarantees on satisfaction, so read your agreement and check on that. The best thing to do is speak to the Broker of the office, since that is who your contract is with technically(the agent is just that, an agent for the Broker). If you speak with the Broker and/or agent, even if they won't let you out of the agreement they may rectify whatever your issue is and that is still a good thing. Keep in mind that once you enter into a listing agreement the firm is committing to spend money on marketing the home. Aside from losing the potential business from the transaction, on a basic level, allowing clients out of contracts would mean a loss. That is why office aren't usually so quick to do that.
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Gail Hiebert, , KCMO
Sun Dec 16, 2007
Debbie, the answers from Ian, Elvis and Don all provide you with a different perspective regarding your question. As mentioned, if you truly have a 'problem' that can be solved, the Broker of the company is the most likely candidate to help solve the problem. If the situation is that you feel that you agent is not doing 'enough' to market your property, you can ask the agent to show you the ads, the sum of the advertising efforts (flyers, websites, and contacts) that he/she has used to market your property. If the agent is unable to provide this material, I would suggest that your agent is one of those (and, not to be critical of some agents) who uploads the listing on the MLS and then sits back and lets other agent sell it for them with little personal effort on their part. If you have this type of agent, summarize the issues that you feel are part of the problem you're experiencing, and discuss these with the agent and the broker. The solution is communications in 96% of the cases and most problems can be resolved with a 'good will' effort on the part of the parties involved. When there is no resolution possible, the broker will, upon your request, cancel the contract. The terms of this cancellation is found in your contract. Make sure you read your contract before proceeding with a cancellation and sit down with your agent and make a list of expectations that you feel are not being met. Hope this helps.. Gail
Web Reference:  http://www.5512nbroadway.com
0 votes
Donald J. Le…, Other Pro, Tacoma, WA
Sun Dec 16, 2007
Hi Debbie,

If you do a Trulia search using the search box to the left of your screen..., for cancel listing or similar you will find that there are about 13 similar questions with over 60 responses.., which may help.

I would give Ian a thumbs up for best answer on this one, as seen below. My take on it is that a lot of sellers blame their Real Estate Agent if and when their home does not sell.... its just human nature I guess, but is it fair? That depends on what the whole story is. I believe most agents try to do a great job, otherwise they will not stay in business very long. - That being said, we have seen some sellers go through 4 or 5 agents and only listing with them for 2 or 3 months thinking that ONE of them MUST have a buyer in their pocket or will "DO" something different.

Fact is that about 95% of homes are sold from MLS Listings and by licensed agents working with a buyer. If you have a sign out front, a flyer box with flyers in it (hint) and a listing on the MLS... you have what most agencies will offer.

Its a tough market out there for some folks. When you change agents or brokers you also loose momentum and market sharpness, it will dull or dampen your sale IMHO to be jumping from agent to agent. Even the public begins to wonder "what is wrong with her property that it has been listed by so many agents...?" The better tactic is to look at what is holding back the sale in real time, is it the curb appeal or maybe just the price is not in line with what the current market conditions are. We find many homes that are really worth a lot more, but just will not sell until they come down in price. NOT what most people want to hear. Those of us who invest are in the same boat with you... sometimes we have different ways to deal with the market than most average sellers. Patience.

Best of luck,
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