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Broker will not cancel my listing agreement

I found my agent is not honest and took advantage of my trust, she tried to trick me by not telling or explaining clearly about the options I have with offers. I complained to her broker, they suggest other agent in their company but I just want to get out this agreement. Now the broker threaten to sue me for full commission if I still want to cancel the agreement. any advice?
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July 23 2013 - Fremont
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Profile picture for wetdawgs
Attorney time.
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July 23 2013
I find that buyers and sellers of real estate often forget that these listing contracts and buyer's contracts are legally binding documents.

I can understand that this left a bad taste in your mouth...unless you can prove wrong doing...you have a binding contract with the broker.

I would encourage you to try another agent in the company. If THAT does not go well, then revisit this....

Best of luck to you,
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July 23 2013
How was your relationship with this agent? If its on bad terms I suggest you speak with a real estate attorney and if you need further information about one, I can direct you to one. You can contact me.
Janki Patel
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July 23 2013
Profile picture for user0656247
All the listing contracts i have signed were only 6 month lengths. I dont know how many months you have left but you could just wait for the contract to expire and kick her to the curb and hire a more trustworthy agent. Last thing i would want to do is go ahead and sell and let some shady agent get commission off me when they were not doing there job right.
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July 23 2013
Listing contracts are not open ended, and have an end date. Take a look at your contract to see when this date is. After that date, you have no further obligations. It might also be prudent to get the advice of a good Real Estate Attorney as well.
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July 23 2013
I would recommend you accept the offer from the broker to assign a new agent to you. Perhaps it turns out to be the agent you use for the rest of your life!

If your beef is with the agent and not the broker, why not give it a try?
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July 23 2013
If the agent in question is a member of the local Association, you can contact them to have an Ombudsman assist you with your concerns and explain some options to you.  C.A.R. also has an Ombudsman hotline 213-739-7227.  Sometimes having a neutral party make contact with the agent has been helpful in clearing up any misunderstandings or problems.  Your REALTOR has an obligation under the Code of Ethics to be honest and provide you all the information you need to make informed decisions, if that didn't take place, you can also file a complaint at the local Association to have a panel of Professional Standards Committee members get to the bottom of what took place and recommend appropriate discipline where indicated. Hope you get things worked out so you can get your home sold soon.
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July 28 2013
If you are unable to get them to drop the contract, you do not have to accept any offers that are made, however you may still owe the commission if they bring you a willing an able buyer at your listed price. 
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July 28 2013
Hi..
I would highly suggest you call the manager of the brokerage and ask for a recommendation for another broker. Sometimes, the client and broker are not a great match.
The manager would definitely be your best option at this time.
In my state of Connecticut, the listing agreement is between the owner of the company ie the broker and the owner of the home. It is a binding contract,
You can withdraw the house from the market however, they will not cancel the listing.
Was the offer too low for your consideration? Did he/she not explain the options to you as to whether this offer was better than the other? Did they explain the contingencies with you?  If the happen to present an offer with no contingencies at the listing price, you will owe a commission.
My suggestion is to calmly call the manager of the company, make an appointment to meet with the manager and ask for a recommendation.
If you have any question, you my contact me at [Phone removed by Zillow moderator. Please see our Good Neighbor Policy.]
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July 28 2013
YOU'RE THE BOSS! Compose a letter outlining (briefly) your desire to terminate the listing agreement prior to the original date. Do so quickly. If the property is still looming on the market with no accepted offers, then the broker may have a tough time suing you....for what? In the letter, spell out that you want your agent to have a 'CANCELLATION OF THE LISTING' contract at your house by a specified time and date (sooner the better).
Hand deliver it to the office w/o creating a scene. 
IF YOU'RE IN THE MIDDLE OF AN ESCROW -- YOU ACCEPTED AN OFFER AND THE BALL IS ROLLING TOWARD THE SALE OF THE HOUSE -- well, you've got yourself in a bind, in which you can get out, but it ain't easy.  I would ask, why all the discord? Be honest w/ yourself.  Good luck.
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July 28 2013
 
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