LUCKYEGGIE,  in Daly City, CA

I signed a listing contract with my realtor on 3/14/13 and he did not submit to MLS listings. Until yesterday, no mls listing yet.

Asked by LUCKYEGGIE, Daly City, CA Thu Apr 4, 2013

i called him to cancel our listing and he agrees. However, he says there is no cancellation need to sign because we are not submit it to the mls listing yet.My question is
1) Should he submit the listing to mls listing? How fast?
2) Do we need to cancel the listing agreement? I am planning to find another agent to represent me.

Help the community by answering this question:


You should cancel the listing immediately. You may also want to report him to your local MLS as most boards require that listings be entered in a timely fashion.
0 votes Thank Flag Link Mon Jul 29, 2013
If the listing is submitting to the MLS it should be live within the hour.
You should ask for a cancellation of listing form from the broker.
0 votes Thank Flag Link Mon Jul 29, 2013
Thats bad , find the reason why he never sent to MLS , and work with a serious agent
0 votes Thank Flag Link Tue Jul 16, 2013

Can't agree with the comment that there's "no need to cancel" because of not being on the MLS because you have committed to a contract with his company/broker. I would recommend submitting a letter to his broker indicating a request to cancel your agreement based on the agent's lack of activity and questionable behavior.

There's something here that doesn't add up and therefore should be brought to the attention of his broker and/or the local board of realtors. At the very least, there should be an ethics violation review.

Good luck,

0 votes Thank Flag Link Sat May 25, 2013

I would definately make sure something is signed and sent to his broker.

Not sure why he didnt list it is the mls. Maybe an oversight or he thought he could double end it on his own.

Is this a short sale?

I know some agents are doing that when they list a short sale, their intentions are to bring in an investor but I dont think that is the best for the homeowner or the investor who owns the loan.

You may want to ask more questions with your next realtor.

How long have they been an agent.

How long does a typical listing take to get an offer of thiers

How many homes have they sold

Some agents think by charging a smaller fee they will get the business but, they still have to perform.

Best of Luck
0 votes Thank Flag Link Fri May 24, 2013
If you don't want to work with this guy, then no, he should not put the home on the MLS. On the cancellation agreement, absolutely - you need one. If he is unwilling to provide it, call the broker of his company.
0 votes Thank Flag Link Fri Apr 5, 2013
Hi Lucky, call the broker of the office. You should never be in a situation where do don’t understand what’s going on with the sale of your home. Your agent should be communicating with you.

Good luck

Steve Colvin
Premier Cal Realty
0 votes Thank Flag Link Fri Apr 5, 2013
You do need a cancellation if you signed a contract. I would call their broker if you don't trust them. You need to find out how long your listing was agreed upon. You may not be able to list with another agent. Sometimes the broker will allow another agent in the same office for the period of the contract if another agent did something wrong because ultimately your contract is with the broker not the agent.
If your current agent is the broker of the company you can be S.O.L.
0 votes Thank Flag Link Fri Apr 5, 2013
Here in the Bay Area, once a home is listed, the agent must have it on the MLS within 72 hours UNLESS you specifically signed an MLS waiver giving the listing agent permission to:

1. Stay off the MLS for a specific period of time. We sometimes do this to give all parties concerned time to effectively prepare the home for the market.

2. Stay off the MLS period. This is normally used for private sales where the seller and buyer already have an agreement and the listing contract is a formality.

If there is no such MLS waiver, then your agent is in violation of local MLS rules and as such you have a right to get the listing contract cancelled. You MUST get the listing cancelled in writing. Most agents here in the Bay Area us C.A.R. forms – you need to get a C.A.R. Form COL - Cancellation of Listing signed by the listing agent. If you don’t, the agent may have recourse to collect a commission should the home be sold by someone else.

These rules are designed to prevent agents from obtaining a “pocket” listing they then try to double-end themselves. Homes in this area frequently go on the market before disclosures are filled out, etc. by the seller. We’ve also seen many homes where no effort of any kind has been made by the seller to “prepare” the home for the market.

The only valid reason a realtor may have for keeping a home off the market is that the seller refuses to provide access to the home. Even in this case, offers can be written sight unseen with a clause in the purchase contract that states, “Offer subject to viewing.” Even in these cases, the listing agent needs any such instructions from the seller IN WRITING – using the MLS waiver form or areas in the actual listing agreement specifying “no sign”, “no lockbox”, etc.
0 votes Thank Flag Link Fri Apr 5, 2013
I really need more information to comment fully, but whenever we list a property we discuss when the property will be listed and what all timelines are for open houses, broker tours, offer dates, etc...

Did you have such a conversation?

If you are determined to work with someone else, the answer to your question is yes, you need to cancel it and there is a form for that. You should have that before you list with someone else.
0 votes Thank Flag Link Fri Apr 5, 2013
If what you state is correct, more than 2 weeks have passed since signing the listing agreement, there is a few things that must be understood.
As Bill indicated, you must complete your part. For instance staging completed and curb appeal optimaized so images are exceptional, HOA docs and associated financials and Q&A, and other ownership verification issues if in a trust or inherited.
Let me assume all documents and details are statisfied.
Very often, and this is most definately true with the real estate I list, an agent will have a tiered structure of active buyers and regional active agents who have many, many buyers who are willing to pay fair market value for your home if they are given the opportunty to see it first. This concept reduces the distruption to your life and ASSURES you will get a good value without all the 'non-sense' associated with throwing your home for sale to the masses where you willl be played by buyers and their agents. These 'first look' buyers are less likely to set you up for pepetual negotiations like you will encounter with 'public' purchase offers. This 'non-sense' CAN be eliminated.
There are far reaching benefits to this structure. Agents who choose to particapate provide a exceptional level of convienece and efficiency for their clients. Maybe you did not understand this concept when your agent explained it.
Now, there other realities and they are: the agent, your agent, dropped the ball and/or you have not shared the complete story.
What you need to do is NOT soliciate opinions from strangers on the internet but turn towards your agent and find out what has happened and, at you sold discretion, continue or find a new agent.

Best of success to you
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
0 votes Thank Flag Link Fri Apr 5, 2013

The first thing you should do is determine why it has taken so long to list your property. The listing process places demands on the agent, their company, the MLS, and the customer.

Have you done your part in a timely manner? Paperwork is essential in this process and without everything completed and signed, things just don't happen.

In this situation... with this amount of time and no listing, there is a serious "breakdown" somewhere. If you are not the direct reason for the delay, you might consider other options because this level of service is unacceptable, in any market.

I would seriously consider contacting this agent's broker to request an explanation.

Nearly 3 weeks and not on the MLS....something's seriously wrong.

0 votes Thank Flag Link Fri Apr 5, 2013
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