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Getting out of contract with Realtor -- Advice/clarification needed

2,855 Views | 27 Replies | Last: 5 yr ago by Deats99
Camo
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I am not happy with my Realtor and want to go with another firm

Situation: My house in on the market and my realtor has been, to say, very sloppy and lazy.

Contract States: "If seller breaches this listing, seller is in default and will be liable to Broker for the compensation specified in paragraph 5a" ---- Which is 6%

Does this mean i owe the broker 6% of my listing price just to break a contract? This does not seem logical.
SteveBott
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AG
Yes you do for a defined term. There could be some outs but how are we to know?
Camo
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Just sounds a bit unreasonable to owe almost $20,000 to someone for taking crappy pictures and poor handling of the listing.
malenurse
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AG
Well, we've heard one side of the story.
The last thing I want to do is hurt you. But, it's still on the list.
SteveBott
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AG
You might start by reading your contract. When does it start and stop? You can most likely keep off the market until your contract expires. Then relist. You have the time?

Or you can pay a good photographer to take a good set of pics and use theirs.

Or you can grab the bull by the horns and actively sell your own home by being onsite to welcome your potential buyers and wait outside to answer questions on exit.

Or you can get another market evaluation to see if you're priced too high.

Or you can randomly post here to complain without providing any useful info.
SteveBott
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AG
One more, or you can post a link to your MLS listing and the real pros around here could give some opinions
evestor1
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Have you asked them to void the contract bc you don't like working with them? (Sorry if already mentioned)
Camo
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Really wasn't trying to complain, more just asking for your experts if it's typical to see a contract that still charges commission on the listing price if I fire the realtor
ATM9000
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AG
No need to go nuclear without speaking to the agent and broker first... listing agreements are almost always bilateral agreements so nobody has the other by the nuts unless you were dumb and didn't put an end date on your current agreement.

I'd write an email first to both the agent and broker and list your grievances and give them a chance to fix them... they might assign you a better agent and it not interrupt the marketing of your home or maybe it puts your agent on notice of your expectations.

If it's that big of a deal just tell them you won't be selling under your current agreement so you might as well not waste anybody's time and you won't be paying the 6%. Assuming you are in the middle of a 90 days agreement or something though that's a really silly move too in my opinion.
SteveBott
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AG
Sorry for being chippy last night. This is what I woke up to yesterday morning

SteveBott
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AG

IrishTxAggie
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AG
That sucks. Your tree or the neighbor's?
SteveBott
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My tree. My morning coffee is community dark roast.

But that did not even get my attention.

All cleaned up for 500 Alex.
Furlock Bones
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AG
guessing the crazy ass winds we've been having here in Austin got you.
CapCity12thMan
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AG
that's a Bradford Pear tree? They get to a certain age and then fall apart like that. That's a large one too - so prob old and not surprising. Had the same thing happen to mine.

AggieAces06
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AG
Here is a serious answer (if possible)... ask to have your contract amended so that the date ends as soon as you wish it to.

We had a house that just wasn't selling last year and we got frustrated with the agent, so we asked to move the end date of the contract up. I think we gave them two more weeks to put forth some sort of effort and then it was done.

If nothing else, the request might spur them into asking what the problem is and then maybe they will try to fix it.
powerbelly
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AG
CapCity12thMan said:

that's a Bradford Pear tree? They get to a certain age and then fall apart like that. That's a large one too - so prob old and not surprising. Had the same thing happen to mine.
The Devil's tree.
dubi
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AG
Talk to your realtor's broker and ask to be released from your contract. Explain without emotion your problems with the services provided by your realtor.

Come back and report.
Olag00
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AG
I have asked a realtor to terminate the contract many times before (either I didn't find them beneficial or if I wanted to pull the house off market.). They typically understand and will let you out of it.

Just make sure they "withdraw" your listing. Sometimes the realtor will just put it in some kind of suspended listing and when the new agent tries to create their listing, they can't.
Brad_97
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AG
Bradford Pear - aka Timebomb of future property damage.
SteveBott
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AG
Yep I knew it was a matter of time. I just pruned it a month ago but did very lightly. Still got bombed
CapCity12thMan
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AG
ours failed right after pruning too...it is a builder grade tree, and in our neighborhood (1990-1991 construction) they were used plenty, and most right next to driveways LOL. Right after ours fell, we removed it, then next few months after that I saw 2-3 more go down. Like they all hit 25+ yrs and that was it.

SteveBott
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AG
Mine is 25. Waiting on the adjuster to come out before the rest comes down.
mwp02ag
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I hope that, what 70' model?, is ok! My first car was a 70 little hot rod that dad and I repainted together, I love them. Beautiful trucks.
SteveBott
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AG
It was my grandfathers last truck. It's a 1971 Chevy C-10 with automatic, AC, V-8, Power steering bad ass original truck. This is what it looks like without a tree on the thing.


Matsui
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D713
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just call your agent and state your grievances; then amend or cancel the contract. You will not be forced to pay anything unless its a rental property and they are nailing you from a management company perspective.

What are you asking for the truck?
SteveBott
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AG
Are you asking me about my 71?

It's not for sale
Deats99
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AG
Unless you have an active negotiation, agent's broker should cut you loose. More hassle and liability to fight with you.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
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