Termination of house listing in NJ

Asked by Ankur1234, Jersey City, NJ Wed Jun 30, 2010

Our realtor is not performing per our expectations. That being said he is a great guy but no time for us. I want to relist the property with another agent, but he does not want to give us a release. is there any thing we can do. Please help.

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Debra (Debbi…, Agent, Livingston, NJ
Wed Jun 30, 2010
Ankur - One option is - you can sit down with the agent and his Broker and discuss your issues and concerns. The Broker can try to intervene, and correct the problems..........or.................the Boker can assign another agent in the office to handle your listing.

Stating that your agent has "not performed to our expectations" doesn't really indicate just what it is you're displeased with. Are you frustrated that your home has not sold? Do you feel you have not been given proper advice?
Whatever it is - the Broker should be able to help straighten it out.

Other than that, the Broker really doesn't have to give you a release. Not sure how much time is left on your agreement, but I'd try to work it out as best as possible.

If the actions of the agent are serious, maybe after talking with the Broker, he or she will be willing to release you - try that, and see what happens. But, to want to jump ship just because you decided you don't like the agent (even though he is a great guy) - you may not have a strong case.

Good luck!
1 vote
Bruce Levitt, Agent, Jersey City, NJ
Sat Sep 25, 2010
Yes there is absolutely recourse in this situation. First, remember that you signed a contract with the agency not with the agent. Calmly make an appointment with the broker/manager of the office. Let this person know that you are not satisfied with the service you have received. Come prepared with a short list of reasons. Let her/him know that you would like to be released from your contract for these reasons. You may or may not be successful. If the broker/manager insists on holding you to the contract, ask to be reassigned to another agent, someone he/she highly recommends. Ask to interview this person to make sure you are comfortable. Don't badmouth the other agent but ask what the new agent can do differently to bring the results you want. Be open to hearing what he/she has to say. Good luck.

Bruce Levitt
Coldwell Banker
120 Newark Avenue
Jersey City, NJ 07302
973-710-2293 cell phone
0 votes
Dallas Texas, Agent, Dallas, TN
Sat Jul 3, 2010
Best confer with his broker. All is governed by the listing agreement terms and conditions .

Web Reference:  http://www.lynn911.com
0 votes
James Folise, Agent, Jersey City, NJ
Sat Jul 3, 2010
Your expectations are not unrealistic. What I suggest is speak with his manager at his company and tell the manager how you feel. Alot of us have policies if we cannot turn it around for you and provide what you need than we will release you. There is a period thou that we are given to satisfy you before a release would be considered. Good Luck to you!
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Wed Jun 30, 2010
Ankur - what is unfortunate is that you didnt have a discussion about your expectations prior to listing your home. It doesn't seem as though you received a written marketing plan, either, with a detailed list of what was going to be done on your behalf.

Now, if you are saying you asked for, and were promised 2 open houses a month, and he didin't live up to his promise, then that is what you need to discuss with the Broker. Truthfully, open houses wil not sell your home. Statistics back up that statement . They may be part of an entire marketing plan, but don't put all your eggs in that open house basket.

As far as marketing by " print media" - believe me - that's not going to sell your home. Print ads are becoming the dinosaurs of today. Brochures are nice, and also part of a marketing plan, but they don't sell homes, either.

All you wanted was 2 open houses a month and print media?
You should have been looking for much more than that!

You need to have your home priced well - have a complete internet presence - lots of good online photoss - maybe a virtual tour - have it show well - and have an agent that keeps you up to date on the market.
These are some of the things you should be looking for.
Make those requests part of what you discuss with the Broker of record.

Sounds as if you looked for the lower commission , rather than the best marketing plan.
It's not too late to get on track.

Good luck!
0 votes
Ron Simone Jr, Agent, Clark, NJ
Wed Jun 30, 2010
No yur not expecting a lot, some realtors are listing agents and some are buyer agents. When you get repeat business like that should not be taken advantage of you did them a favor trust me you don't need us we need home seller's and home buyers. Remember anyone could be a realtor you are hiring a personal service, and should not be taken lighty a lot of people list with friends, family members or previous realtors and it winds up and winds up coming back to bite you for your kindness
0 votes
Ankur1234, Home Seller, Jersey City, NJ
Wed Jun 30, 2010
Our expectations were simple,
market the property
by having at least 2 open houses every month
Market by print media

in 3 months we had 1 open house, no print brocures at all. Problem is that he sold the house to us originally and at that time he promised to sell the house for only 4 %. May be i am expecting a lot.
0 votes
Ron Simone Jr, Agent, Clark, NJ
Wed Jun 30, 2010
If you are not happy with the realtor that you are using and they are not performing the way that they said they would, you have every right to ask for your listing back. Technically you did sign a contract with thhem for a certain amount of time but they have a fiduciary responsibilty to you and if they are not doing there job marketing and advertising thhen you have 3 options. !. Just like the realtor below said contact the broker and set up a meeting with the broker and ask them to show you proof if any of the marketing and advertising that they did for your property and explain to them that you are un happy with your realtor and maybe they will make a deal with you that the broker him or herself will handle your listing for you which hopefully the broker of a company would handle your listing correctly which is always not the case. 2. You can take your home off the market with the realtor ad have no more showings and wait til the listing runs out with that realtor and choose your next one wisely after interviewing a few but then again you will be wasting valuable time on the market. Last 3. if they will not give you your listing back and can not produce documentation of how they marketed and advertised you home and really did not do their job then you can call the real estate board and report them. Now I know every realtor on here will be mad at me for saying thises things but i am a straight shooter. First you have to ask yourself a few questions because we are realtors not magicians, you have tto ask yourself are you realistic in your price? Are you working with the realtor to help sell your home? Are you letting everyone in the home and having the realtor show your property easily? Did the realtor really do his or her job? Those are somethings you have to take into consideration first if they are advising you and your not listening to them thenn sometimes it's your own fault. We as realtors do not control the market we as listing agents are here to market, advertise and get activity in your home. If you are not listening to our professional opinion or you way over priced because you want a certain number that you are not going to get in the markket that we are in then you are never gonna sell your home. I hope this is helpful to your question.

Ron SImone Jr.
All Towne Realty
732-978-0991 Cell
732-453-2930 Private
NJAR Circle of Excellence: Bronze Producer 2005 Silver Producer 2006-2009

Top 1% in sales of over 16,000 Union,Essex,Hudson,Bergen & Middlesex County agents in 2006 & 2009

"A referral of your friends & family is the finest compliment I could ever receive"
0 votes
Karina Abad, Agent, Basking Ridge, NJ
Wed Jun 30, 2010
Hello Ankur, as Debbie just said you can contact the listing agent's broker and request a meeting. Your listing agreement is a contract and both parties must agree to its termination. Hopefully if the broker sees your reasons as valid he may be able to assign another agent to you. Or you should review your listing agents marketing and services outline that he presented you when you first met and see where he is not performing. If he isn't following through on his promises you can agree to give him or her a deadline to act. If they still do not, and you are still unhappy you should approach the broker again in private and insist that he release you based upon your agents non performance. There is no guarantee he or she will but in these cases I've rarely seen a broker hold a client to something if they are truly unhappy and the agent has not provided them with the service they signed up for.
Best of luck
0 votes
Linden Moe, Agent, Jersey City, NJ
Wed Jun 30, 2010
Hey ankur,

There is not much legally you can do. Best advice would be to go over your expectations and let him know that he is not living up to them.

May I ask what expectations that you had?

What were you promised?

And to avoid the same trap with a new agent, let them give you up front and in writing what they promised.

Linden Moe
Citizens Premier real estate
0 votes
Fred Glick, Agent, Mountain View, CA
Wed Jun 30, 2010
I agree with Debbie, contact the broker of the office.

Web Reference:  http://fglick.com
0 votes
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