I signed listing contract with agent and and within the first 24 hours I called him to cancell.After 2 weeks i listed the house with another agent and

Asked by H Sell, Newark Airport and Port Newark, Newark, NJ Thu Feb 24, 2011

I signed listing contract with an agent in Newark NJ and within the first 24 hours I called him to cancell. After 2 weeks i signed listing contract with another agent but he told me that the first agent never cancelled the contract. What are my options? I dont want to have the agent that I initially signed the contract.
Please advice..

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15
John Sacktig, Agent, New Jersey, NJ
Thu Feb 24, 2011
H Sell -

Unfortunate situation. Technically, there is no 24 hour window of releasing you from your listing contract. To be honest with you, all the information below that is directing you to the Broker to get a release is probably not going to happen, especially if you tried to list the house with another Broker.

Once listed, you cannot be contacted by another Broker to solicit your business, You can contact one and initiate a dialog regarding listing your home, and they could list your property dated when the current listing expires, but not before that expiration without an unconditional release. You can get a conditional release, but if you tried to sell your property the original Broker would be entitled to the commission.

I am sure that you feel you have a good reason to go to another Broker, maybe they gave you a better commission rate, maybe you just wanted to change.. But the original contract is in force and the only way to get out of it is to get that unconditional release.

Not that it matters here, but what were the circumstances of you trying to list with another firm?

Good Luck,
Let us know what transpires!
2 votes
John Sacktig, Agent, New Jersey, NJ
Fri Feb 1, 2013
What kills me is that agents just answer and do not think about what they are doing...

TO ME... when I see and agent answer a questions that is two years old, it shows me that they lack the detail and eye for details by responding like it just happened when it is one or two years old..

It could be a great answer, But you are two years late to the party. Everybody went home.
1 vote
How about when agents answer a question as though they are responding to a consumer (and say "call me") but don't bother to notice an AGENT (and these days, Trulia) is asking the question!
Flag Fri Feb 1, 2013
Debra (Debbi…, Agent, Livingston, NJ
Fri Feb 1, 2013
Does anyone care that this question was asked 2 years ago?

I am sure the poster's concerns and questions were resolved and answered then.
1 vote
Diane Glander, Agent, Spring Lake, NJ
Fri Feb 25, 2011
You should have put it in writing to the first agent. You have 3 business days to cancel that listing agreement before it becomes binding. But, without something in wrirting, you're stuck with that company.
At this point, I would try to get that agent to release the listing by speaking with management at the company. They are going to ask why you want to cancel, so be ready. If they won't release the listing, you can ask for another agent there or make it impossible for them to show the home. Then, after the listing agreement expires, you can list with someone else.
Web Reference:  http://www.dianeglander.com
1 vote
Debra (Debbi…, Agent, Livingston, NJ
Thu Feb 24, 2011
Hi H Sell..

No need for me to repeat what has already been said and established.
You are bound by the first contract, unless released by the Broker - period, end of story.

You can ask nicely, or..... beg, plead your case or demand that the Broker release you, unconditionally, from the listing agreement. Maybe in the spirit of goodwill that will work, and you will be free to move on.

If that doesn't work........and you really don't want to work with the 1st agent....ask the Broker to assign a new agent to handle your listing. You don't have to work with the first agent, assuming there are other agents in the officce.

Other than withdrawing your home from the market until the current listing period expires, those are your options.

Best wishes.......
Debbie Rose
Prudential NJ Properties
1 vote
Scott Godzyk, Agent, Manchester, NH
Fri Feb 1, 2013
You entered a contract, you can not just cancel it. Forst it has to be in writing and second, the agent has to agree to it and sign teh release of contract. The thing is if it was only one day they have not spent any money and tehir time wasted is minimal. you coulld over to pay for a release if they refuse for the time they did work on your listing. if they still refuse you should try their managing broker. hopefully you have a good reason why you wanted to cancel and the manager will listen.
0 votes
Andrew Tisel…, Agent, Clifton, NJ
Fri Feb 1, 2013
You have the right to cancel a listing in the 1st 2 or 3 days. It should have been in Writing. Id advise you contact the broker 1st to ask for the withdrawal of your listing and if you are not satisfied contact an attorney.
0 votes
RoostWise Te…, Agent, Bedford, MA
Wed Mar 9, 2011
Hi H,

Like the other agents, I thinking asking the first agent to release you is your best bet. Call the Broker Manager and ask for his help. If someone didn't want to work with me, I wouldn't force them to.

Good luck!
0 votes
G Alexander, , New Jersey
Fri Mar 4, 2011
You signed a contract, you have to abide by it
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Fri Feb 25, 2011
I'm certainly no lawyer, but I would assume the "2nd listing" was null and void, right from the start, due to the fact that it wasn't a valid listing agreement in the first place. Your home already was listed. One can't input a listing that already exists on the MLS, nor enforce the terms of an agreement that is invalid to begin with.. So "getting a release" isn't an issue. it can't hurt to have it, I suppose, but it may be a moot point.

Kind of like bigamy - there's no need to get divorced from the "2nd wife", as she doesn't legally exist !

Clearly, the 2nd agent did't do his due dilligence, or you weren't open in disclosing the entire situation. Any agent who heard you had signed with another company only a few weeks before, and didnt ask you if you had a WRITTEN, unconditional release, wasn't exactly doing their job, either..
0 votes
Janet Larsen, Agent, Turnersville, NJ
Fri Feb 25, 2011
If you are not able to get a release from the Broker as the other agents below have indicated, you must get a release from the 2nd agent. The 2nd agent should never have signed a listing agreement knowing you weren't released from the 1st. You could be liable for commission to both agencies.

Janet Larsen, Broker/Associate
Remax Connection
Cell: 856-261-6910
Offc: 856-415-1210
Web Reference:  http://www.njrealtorjan.com
0 votes
Rickey Cooper, Agent, Fairfield, NJ
Fri Feb 25, 2011
Review the Listing Contract/Agreement & Withdrawal. They will outline your options, rights and expense if any.
Web Reference:  http://NJAR.com
0 votes
Marc Paolella, Agent, Succasunna, NJ
Thu Feb 24, 2011
Hi H Sell,

Can't list with another agent without the release. You signed a contract. What you have to do now is obtain a release, one way or the other. Usually, you just have to ask and you'll get it. Especially after only 24 hours. However, if the broker wants to play hardball, you may have a fight on your hands, but that probably will not happen. Call the original broker (not agent, the broker of record of the firm), and explain your situation, get the written release, then you can go ahead and list with brokerage #2.

Good luck!

-Marc

Marc Paolella
Relocation Director/Appraiser
Century 21 Joe Tekula Realtors
201 Route 10 East
Succasunna, NJ 07876
Phone (direct): (973) 584-4235
Coolest map-based home search: http://www.marcpaolella.com
Web Reference:  http://www.marcpaolella.com
0 votes
Joan Congilo…, Agent, Freehold, NJ
Thu Feb 24, 2011
Hi Seller,
You should have a signed copy of the withdrwal form you signed with the 1st agent. Look & see what type of withdrawal you were given. There are 2 types of listing withdrawals in NJ conditional & unconditional.
A conditional withdrawal states that a listing agreement is voided & the listing agreeement shall remain in full force and effect if the property is offered for sale again during the original terms of the listing agreement, or if the property is sold at any time within the terms of the original listing agreeement to any person introduced to the property before the expiration date. An unconditional withdrawal is when both you & the original listing agent are in agreement to withdraw the listing in full & it is considered null & void. With this type of withdrawal you would be free to sell it yourself or list with someone else. With a conditional you are obligated to relist with the 1st agent or wait until the expiration date. If this is not what you agreed to call the broker of the office & discuss it with them & see if it can be resolved.
Web Reference:  http://www.joancongilose.com
0 votes
Eric Schwartz, Agent, South Orange, NJ
Thu Feb 24, 2011
A real estae contact must be cancelled by the broker and it must be unconditional. If that didnt happen than the second realtor should not have taken the listing. The second realtor should have made sure all "ducks" were in a row and asked to see paperwork that proved you were able to list w the second realtor.
If the first realtor doesnt let you out of the listing you can 1) call his broker, 2) call the board of realtors and explain why you want a release 3) not show your property while listed with the first realtor and let the time run out.
I dont know what happened that you changed your mind but you just cant switch unless you have the above signed releases. Good luck.
0 votes
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