can i tell estate agent to take house off market?

Asked by Janet Evans, 33401 Sun Jun 10, 2012

if i have put my house up for sale with an estate agent, can i take it off the market without paying the fees

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John Bennett’s answer
John Bennett, Agent, Orlando, FL
Sun Jun 10, 2012
Suzanne MacDowell, on how they MIGHT do things in NJ.

So very important to understand NJ law when working in Florida.

Best part of her answer is: "Yes, you can cancel the listing."
1 vote
John Bennett, Agent, Orlando, FL
Sun Jun 10, 2012
Janet you often do a lot of work for others for free at your job?
1 vote
Tom Priester, Agent, Tequesta, FL
Sun Jun 10, 2012
Dear Janet,

It truly depends on how the contract you agreed to is written but if the contract utilized was the Exclusive Right of Sale Listing Agreement you should check paragraph 9 under Conditional Termination. I usually allow my clients to cancel a listing agreement without recourse if I have not performed as I promised but you really need to speak with your listing agent and discuss it with them.

I hope this information is helpful but if you need anything additional please do not hesitate to give me a call.

Always at Your Service,

Tom Priester e-PRO
"Results Driven Real Estate"

Keller Williams Realty
561 308-0175
1 vote
Bob Brubaker, Agent, Lake Worth, FL
Sun Jun 10, 2012
Janet - As Marc pointed out -open and honest communication is the " main
ingredient " here ! There are all types of circumstances that can arise to
change the basis of your decision to list! The marketing of your property is a
service you contracted for with certaiin intentions in mind. These can change
to make a listing agreement un-productive for both parties.
Communicate with your listing agent. Most will want to helpfull and fair outside
of any contract "Righs".
The Listing Agreement is a contract ! If you are unable or unwilling to work
out termination with your agent- you need to get the advice of an attorney before
you make any "moves "

Bob Brubaker Highlight Realty Palm Beach County Fl. 561-876-6649
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0 votes
Marc White, Agent, Charlotte, NC
Sun Jun 10, 2012
It depends on how your listing agreement is written. But just telling the agent your situation and why you wish to take it off the market, they may be willing to just remove the listing right now. (I always feel that open, honest communication works best). As Roland has mentioned, no one can force you to sell the house, but in most listing agreements, you do not have the unilateral right to remove the listing for the market. Your agent has already spent money to market your property, and may feel like they did not have a chance to sell it properly. I would just give them a call and explain your situation and see if they are comfortable with an alternative.
0 votes
Roland Vinya…, Agent, Sprakers, NY
Sun Jun 10, 2012
No one can force you to sell if you have changed your mind, so there would be little point in the agent continuing to work if you are not going to sell anyhow. Examine your listing agreement closely. They vary. Sometimes the agent asks for reimbursement of expenses, more often not. And just because they may be legally entitled to something does not mean they will claim it, especially if the reason you have changed your mind is not merely a caprice and could not have been foreseen.

Suzanne's answer is a good one.
0 votes
Suzanne MacD…, Agent, Morristown, NJ
Sun Jun 10, 2012
Yes, you can cancel the listing. Here we can remove the listing both permanently and temporarily. Depending on your reason for canceling your agent may only agree to remove it temporarily, which simply means you won't be able to list with someone else until after the listing would have expired anyway. If you want to re-list with someone else you will have to convince your agent to let you out of your agreement and that could be a bit tricky. The agent has more than likely put a good deal of time, work and perhaps even money into marketing your home and they may not be open to the idea of just turning it over to someone else at this point, but it's worth a try.
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