Question Details

Tatiana Char…, Home Seller in Hollywood, FL

I need tips on changing my real estate agent?

Asked by Tatiana Charles, Hollywood, FL Sun Dec 23, 2007

I have been trying to sell my house for over a year now. Somee people visited the house on occasion, some didn't make any offer but others did, the ones that did my agent didn't event try to negotiate nor try to talk to me about it, until after he had made his dessicions. He never shows up with anyone, he just sends them over, we barely have people come by because there is no listing of our house on his so called web site. I need to know will i have to pay him money if decide to switch to another agent.

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7
Tatiana,
You need to work with a better realtor, period. I've worked with Coldwell Banker's Top Producer in Hollywood on several occasions. He's very professional, attentive to his customers, and his listings sell. If you're serious about selling your home, give me a call and I will gladly answer your immediate questions and then put you in contact with him and his team.
John Anthony Alcantar
Coldwell Banker C&C Properties
http://www.JohnnyRealty.com
530-921-4993
Web Reference: http://www.johnnyrealty.com
0 votes Thank Flag Link Sun Dec 23, 2007
One thing struck me about your question that the others (with very good advice) don't seem to have addressed. As the property's owner, you're the decision-maker (or "The Decider," as our Commander in Chief refers to himself). Not only should your agent be marketing your property and keeping you informed on a regular basis as to any developments but any time you receive an offer, it should be presented at once. Your agent can (and generally should) provide his/her opinion as to the offer and whether a counter might be appropriate. But it's not the agent's role to "make a decision" on the offer. Similarly, it's not his role to negotiate without fully and completely representing you. So: An offer comes in. YOU decide whether to accept or counter...or just reject. And if YOU decide to counter, then you can (and should) discuss strategies with your agent. But ultimately it's your call.

For example, if you have a house on the market for $250,000 and you get an offer at $195,000, do you accept, counter, or reject? YOUR decision. And if you counter, there are various negotiating strategies and gambits. Do you "split the difference"--often done, but indicative of people's reluctance to truly negotiate. Do you stick close to your asking price, if you think it's fair? (If your property's been on the market for over a year, it's likely your house is overpriced, and you should come down some. But...that's totally your call.) Or do you come down close to the offer? Do you make some other offer to sweeten the pot--such as holding to the $250,000 price but offering to carry a no-interest 5-year balloon payment of $55,000? Lots of different ways to skin a cat. And a good agent will suggest some you probably haven't thought of. Somehow, it sounds as if you let the agent get behind the steering wheel. Next agent: You're in the driver's seat. OK?

Good luck.
0 votes Thank Flag Link Sun Dec 23, 2007
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
I agree with Tom. Make sure you know your liabilities per the listing agreement. However, after having the listing agreement for over a year with no real offer, the agent will probably be happy to release the listing with no expectations.

Many listing agreements will state that if there are any potential buyers the agent must inform you of those names in writing after the listing agreement is canceled within a certain period of time.

You should know what the marketing plan is, was, and will be before telling the agent goodbye. Did they complete the plan? If there hasn't been a change in strategy in over a year whether it was on the agent's side, your side, or both, the bottom line is the job isn't getting done.

Sitting down with your agent and simply stating the obvious may be all you need to come to a mutual agreement to mutually end the listing agreement.

Good luck.
CJ
0 votes Thank Flag Link Sun Dec 23, 2007
Hi Tatiana - be sure to read your listing agreement - ALL of it. The terms and conditions should spell out under which conditions you may or may not terminate your listing without consequences prior to your termination date. In order to have a valid listing, you must have a termination date which cannot be extended without your written consent. To Elvis' point, if a previous buyer should write an offer AFTER you terminate your current listing with your agent, there may be grounds for procuring clause - ie, your current agent may have claim to commission.

In addition, any marketing costs expended on behalf of the broker could be made payable to the broker - costs such as advertising etc. if you terminate your listing prior to termination.

It is extremely important to read and understand the terms and condition of your listing agreement with the broker. Again, it may be best to have a real estate attorney advise you. Proir to calling the attorney, discuss your issues with your agent. If that gets nowhere, call the broker. If you have exhausted all avenues with the listing broker, you may be able to avoid getting nailed with additional costs.

Hope that helps! Best of luck in your sale.

Tom
Web Reference: http://www.thomasjhall.com
0 votes Thank Flag Link Sun Dec 23, 2007
Always ask your real estate person at time of listing the property to give you a detailed marketing & follow plan and ask them to give you a written guarantee that if any of the conditions of the marketing or follow up plan are not met that they will release you from the listing agreement. For this situation contact the agent to ask to be released if that fails contact the Broker if that fails write a letter to the Multiple Listing Service and the Local Real Estate Board/
0 votes Thank Flag Link Sun Dec 23, 2007
You can also just ask your Realtor tol et you out ofthe contract if you are not near the end of the agreement. If he refuses, ask their broker.
Web Reference: http://www.cindihagley.com
0 votes Thank Flag Link Sun Dec 23, 2007
The Hagley G…, Real Estate Pro in Pleasanton, CA
MVP'08
Contact
If you have been listed for over a year, when does your listing agreement expire? Check your listing and find out the expiration date. If it is soon, you are free to hire a replacement as of that date. You can start meeting w/ prospective new listing agents prior to the expiration date. This will allow you to transition quickly. Realtors may not solicit your listing (in accordance w/ the NAR Code of Ethics), while you are actively under agreement w/ another Realtor. However, if you initiate the contact, Realtors may respond to your inquiry.

If you listing period is not nearing the end, you will need to read your lisitng contract to determne the terms and conditiions for cancellation or termination. If you believe that your Realtor has not serviced your lisitng properly, discuss those issues w/ him and ask him to propose solutions.
0 votes Thank Flag Link Sun Dec 23, 2007
Deborah Madey, Real Estate Pro in Brick, NJ
MVP'08
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