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Lising Agreement

I signed a listing agreement, changed my mind and told my agent to take it off the market. She never did, and she got me a full price offering. Contract to sell never went out. I finally told my agent it will not work out. I aslo asked her to release me from the listing agreement she said no I owe her the commission fee. she got me an "able and willing buyer".  listing expire in 6months. What should I do? Thank you

  • May 31 2014 - New York
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Answers (8)

What DID you do, zuser?
  • June 02 2014
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Profile picture for sunnyview
Awesome that you have those emails as some proof of your request! I would take those to the broker and ask for a written release.
  • June 02 2014
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Profile picture for zuser20140531092633679
Thank you everyone! This is one email i sent to her. Before she got me the full price buyer:

I have decided to take my place off the market at this time. I hope all is well.

Second email:


As per our contract if I do decide to put up the apartment before our agreement expires I will contact you.


She never sent me anything to sign in order for her to take it off the market.
  • June 02 2014
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I would add to make sure you contact an attorney that specializes in real estate, and not just a friend or acquaintance who is an attorney. I am shocked at how often attorneys unfamiliar with real estate contracts provide incorrect advice as they do not understand the specifics of such contracts.

To address Dunes unrelated bit on buyers agency agreements: Buyers agency agreements and listing agreements are two different issues and does not apply to your situation. For reasons I won't delve into here, I do not request my buyers sign a buyers agency agreement while I do require sellers to sign a listing agreement. I suspect many agents perform similarly, thus the quoted statistic. While I agree with Dunes that agents cannot provide legal advice, I am weary of unrelated advice that can appear to be pushing an agenda.

  • June 01 2014
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Profile picture for Dunes ..
IMO
In the first place if you're seeking legal advice about a Buyers Agreement or any contract/piece of paper you signed then you shouldn't be seeking it from Real Estate Agents or non-attorneys...there may be a possibility they don't know what they are talking about ;)

Agents/non-attorneys should not be giving legal advice (like the contract is binding or you gotta pay or or) in the first place imo ...cause it ain't their place
Too important to YOU for opinionated/perhaps biased yadda

1. Talk to the Broker/Owner of the Agency, share your side of the situation and see what they have to say

2. If you're not able to read and determine just what the agreement you signed says or if it actually says you have to pay if.....then get your advice/feedback from an attorney who can guide you or tell you what your legal options really are

Seems to me your situation is probably one of many reasons that according to the National Association of Realtors "Only 42% of buyers using an Agent signed a written Buyers Agency/Agent agreement"


Selling/Buying is not something to do on a whim or maybe I'll see or or..it's a huge business decision full of important decisions (like sign/don't sign..hire/don't hire)
Hope it all works out
  • May 31 2014
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First off, your request to cancel listing needed to be in writing, not verbal. I understand both sides of the coin. 

I do understand that people change their minds and things happen. I've always accommodated clients when I've encountered this situation.

That said, listing agreements ARE legally binding contracts and I find consumers often forget that. Per the terms of the contract, the agent performed, and is legally due a commission.

I think you probably need to consult an attorney at this point. Sorry!
  • May 31 2014
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Profile picture for sunnyview
If you have no proof that you cancelled like an email, phone recording/voicemail or paper trail to prove what you say, this may get sticky. I would definitely talk to broker in the office, but if that fails you may need to seek legal advice to find out about your options. 

Most courts will follow the written contract unless you have something to convince the judge that you did cancel and that the agent is now acting unreasonably.
  • May 31 2014
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The first thing is to restate that this is her problem, not yours, and to demand a written release from the listing agreement (which you should have gotten right after you told her you changed your mind about listing the property).

If she persists, talk to the managing broker of the firm. If they persist, be prepared for a letter from their attorney by retaining an attorney of your own.

All the best,
  • May 31 2014
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