I feel my agent is hold my home (listing) as hostage. I do not want her as my agent anymore, but she won't go away . How can I get her to release me.?

Asked by Bobby Sydnor, Phoenix, AZ Sun Dec 29, 2013

I don't trust her , caught her in lies, feel underepresented, I just want her to cancel the contract so I may seek help in which I feel is effective. Not trying to defame her , I just feel that we don't see eye to eye. I won't mention her name yet. but that will soon change if she won't release me from this contract . then I'll have plenty more to say about this listing. So beware of long term listing from celebrated agents who make promises and don't actually do any selling themselves. Help ,Help ,Help Maybe I 'll just take my house off the market. The Legacy Golg Resort .

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Michael Pete…, Agent, Glendale, AZ
Sun Dec 29, 2013
I am not sure why agents do that. I never want to do business with anyone who doesn't want to work with me. The broker owns the listing, not the agent. Go directly to the broker and asked to be released or assigned another agent in the office. Good Luck.
1 vote
Marc Espinoza, Agent, Goodyear, AZ
Thu Jan 30, 2014
Hi Bobby, it sounds like you have been given a lot of good advice from other agents. Contact your agent's broker and explain your situation. Sometimes it is better for all parties to just agree to go their separate ways. Good luck, hopefully cooler heads will prevail for all of you.
0 votes
Bridget Teag…, Agent, Gilbert, AZ
Tue Jan 21, 2014
Hey Bobby,
I see you have received plenty of responses, and I hope you have found the best route since your question was posted. Here is my "broken record" response...as mentioned by other agents, you could allow the listing to expire as long as your contract with the agent/broker is expiring too....(yes, some agents actually have two different dates sometimes on their paperwork...shame shame). Don't get discouraged. "Firing" an agent is easier than the paperwork states. Make sure everything is in writing and that the broker knows you are severing all business (including any commission they might try to get). If you need further assistance in selling your home or even need more questions answered, let me know how I can help.
0 votes
Dorene Slavi…, Agent, Torrance, CA
Thu Jan 2, 2014
My goodness!

Perhaps taking your home off the market is the best course of action if you are able to do so. Try speaking with the Managing Broker of the office this person works in, you might have a better result because most Realtors work under a Broker who they answer to. The broker in the office should be able to get a good answer for you and quickly. I'm sorry you have had this experience, but there are good and not so good in every field.
0 votes
Fred Herman, Agent, Staten Island, NY
Thu Jan 2, 2014
you don't see eye to eye! really! you're not very specific. read your listing agreement. is your agent marketing your home as specified in the agreement???
0 votes
Rebecca Kall…, Agent, San Tan Valley, AZ
Thu Jan 2, 2014
Bobby, I would suggest contacting her broker and tell him about what you feel is going on and what you want to happen. If that doesn't work, please contact me privately, and I would be more than happy to discuss other options for you!

Don't let this bad experience give you an overall look on real-estate agents. Some of us are honorable and honor our word!


PS. I look forward to hearing from you soon!
0 votes
James Wehner, Agent, Scottsdale, AZ
Wed Jan 1, 2014
As others have mentioned try speaking with the designated broker to work this matter out.

As agents/ brokers we are not allowed by law to interfere with your listing agreement and/ or solicit your business while under contract with another broker. Good luck!
0 votes
Sean Heideman, Agent, Phoenix, AZ
Mon Dec 30, 2013
I am the designated broker for Position Realty and I agree with Christopher. The broker might be able to match you up with another agent within the same company that you might be able to work better with. There might be a personality clash between you and your agent. Your current agent might be able to work out a referral fee with the replacement agent. This is how I would handle this situation to try to keep your business in house.

If your broker is unable to resolve the issues, then you should consider parting ways with this broker / agent. If you decide to cancel your listing with this broker, then I would love to meet with you to discuss listing your home with our company.

Sean Heideman, Broker
Position Realty
Office: 480-213-5251
Fax: 866-232-2256
Email: sean.heideman@positionrealty.com
0 votes
Stacia Meeker, Agent, Goodyear, AZ
Mon Dec 30, 2013
Hi Bobby,

Your contract (listing agreement) is actually with the broker, not the agent. If you are unhappy with how things are going, and the two of you are not "seeing eye to eye" then the broker is definitely the one to talk to as others have mentioned.

Sometimes we get into business agreements that don't workout and a listing agreement is no exception.

If you cannot workout the issues and get on the same page, then it may be better for both of you to part ways.

If she has been acting inappropriately, her broker may likely talk with her about her conduct to prevent such a situation happening to someone else because ultimately, the broker is responsible for their agents.

Hopefully her broker is reasonable and will allow you to either cancel the listing or maybe suggest another agent in his/her brokerage for you to work with that may be a better fit for you.

I wish you luck with your situation and I hope it works out for you.


Chris Bole
Remax Preferred Choice
0 votes
Bev West, Agent, Greeley, CO
Mon Dec 30, 2013
Definitely need to talk to your agent face to face and see if your issues can be resolved and if not get the managing broker involved. Days on the Market will be counting against you if it goes on too long. Best of Luck.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Mon Dec 30, 2013
Bobby, as you have read from so many agents, what you describe is abhorrent to them all including myself. How can a successful, 'CELEBRATED AGENT' achieve such acclaim and success by delivering such bad service? By antagonizing those they help?
The answer is, "THEY CAN NOT!"
I know that. The other agents responding know that. and you know that.
So, we all know there is MORE to the story...and the 'more' is irrelevant. (I'm serious)
The answer to your question resides in the contract you signed.
A successful outcome will depend on your willingness to be specific in your reasonable or contractual expectations.............
AND allowing the agent or brokerage to implement corrective measures. (essential to a good outcome) Give the broker 30 days to demonstrate a change and you will be surprised how energized folks will become for your benefit.
How you exit this situation is still in your hands. Your choices are 'burnt earth,' sulk, or re-start.
Which do you think will benefit you the most? Approaching the broker with a burnt earth proposition is unlikely to produce the results beneficial to you. State what you want, give the broker the opportunity to deliver, THEN you can seek the cancellation.
0 votes
David & Lesl…, Agent, Your Valley Wide Realtors, AZ
Mon Dec 30, 2013
Hi Bob,

If you do not feel you are getting the support from your agent that you need to sell your home contact the Agent directly and let her know if she does not release you from the Listing Agreement you will be contacting her Broker and requesting another agent or asking the Broker to release you from the Agreement. At the end of the Broker holds the listing not the Agent so he or she should be able to help you resolve this issue. If you need someone else to evaluate you home to see what can be done please feel free to give me a call:

David Pollesche
Montebello Fine Properties
0 votes
Amanda Chris…, Agent, Fort Wayne, IN
Sun Dec 29, 2013
Why not have an honest conversation with her? You can ask out of the contract and most agents will oblige. If not, talk with her managing broker.

As Realtors, we don't want or need the negative exposure. Best of luck!
0 votes
Jennie Miller…, Agent, Phoenix, AZ
Sun Dec 29, 2013
Have you discussed this directly with the agent that has your home listed for sale? Perhaps if you and your agent had a very frank conversation with each other, you might be able to work through the miscommunications.
0 votes
Paula Selby, Agent, Chandler, AZ
Sun Dec 29, 2013
Bobby, Good Morning, sorry you are having a rough time. May I suggest you speak to the Broker of the firm. Make sure you take the emotion (I know this is hard) and present only the facts. Make sure you do everything in writing. Unfortunately things like this occur. Not all agents are unreasonable.

Please let us know how it goes, and wishing you the best going into the new year.

PJ Selby
United Brokers Group
The Selby Team dba Crazy4AZHomes.com
0 votes
Tiffany Carl…, Agent, Scottsdale, AZ
Sun Dec 29, 2013
Hi Bobby,
I agree with the advice below. If you are unhappy I suggest you speak with the agent and or agent's broker about mutually cancelling the listing. You should be happy and feel represented by your agent. I wish you luck with this and have a Happy New Year.

Tiffany Carlson
Associate Broker
Realty One Group
Cell: 480-215-1105
Fax: 480-302-5885

Awarded one of the Top 40 Agent’s Under 40 in 2013
0 votes
Gordon Hagem…, Agent, Scottsdale, AZ
Sun Dec 29, 2013
Sounds like a nightmare......

There is really no reason any agent should hold a client hostage like you mentioned, unless they have nothing else going on in their business but your home.

Contracts are there for a reason to protect both parties, but I don't feel it is worth harming my reputation holding someone to a contract that does not want to do business with me.

Have you tried having a "heart to heart" talk with this agent? Ask them if it is really worth ruining their professional reputation over one listing.

With that being said, I would love to share my marketing plan with you. I have a variety of tools to get your properly marketed to the widest audience available. If you would like I can also put you in contact with past clients as well.

Hope this helps, and let me know if I can be of assistance.

Gordon Hageman
0 votes
Eileen Shapi…, Agent, Mesa, AZ
Sun Dec 29, 2013
Hi Bobby,
Speak to the agent's Broker. Your agent is acting on behalf of the brokerage, but the listing is technically with the brokerage. If you explain your concerns to the Broker he/she will try to rectify the issue/s and cancel the listing, if that is the best solution for you.

If I can be of further assistance, contact me!

Eileen Shapiro
Associate Broker
Sonoran Premier Properties
0 votes
Tim Moore, Agent, Kitty Hawk, NC
Sun Dec 29, 2013
ALL listings belong to the office and the broker is the office boss. The agent is just an agent of the office and the broker is the only one that can release the listing contract, not the agent. So talk with the broker.
0 votes
Steffy Hrist…, Agent, Scottsdale, AZ
Sun Dec 29, 2013
When you were signing the listing agreement, did you receive a marketing plan from your agent? There are usually three reasons why a property will not get showings and offers: 1- marketing, 2 - price and 3 - condition. It may be worth re-visiting all three with your agent; even though you may have already discussed them in the past.
Web Reference:  http://www.talktosteffy.com
0 votes
Doug McVinua, Agent, Gilbert, AZ
Sun Dec 29, 2013

The advice below to speak with the Broker of the company is very good advice. Most Brokers will end up releasing you if it doesn't seem possible for you to work it out. Some Brokers will also offer to transfer the listing to another agent in the same company.

Good luck in working something out, have you thought about buying your agent out? Offer to pay her something for the work performed?
0 votes
Lindsay Rusk, Agent, Scottsdale, AZ
Sun Dec 29, 2013
I have a unit in legacy as well! I'm sorry about your issue, how frusterating ....I would certainly contact the broker of her office and discuss the issue with them, they should be able to help you and release you from the listing contract!
Web Reference:  http://www.lindsayrusk.com
0 votes
Stan Batters…, Agent, Phoenix, AZ
Sun Dec 29, 2013
Just call the Broker and tell the Broker you want a different agent or just out of the contract all together.
If they say not you can take it to the real-estate commissioner and they will get you out of it.
I think the Broker will release you if that's what you want..
Call me if you need more help. 602-486-1486
0 votes
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