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When to terminate listing agent?

Profile picture for you go girl
I am so new to this - what are deal breakers for listing agents?
My agent double talks, asks me how to get traffic to my own open house, etc.,
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May 31 - Sandy

Replies (12)

Profile picture for SarahMaus
Real Estate Agent
Contributions: 34
Your best bet will be to work on your communication skills with your current agent...work together to come up with a marketing plan to showcase your home better.  I'm sure the two of you can work it out.  Good Luck!
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June 01
Profile picture for sunnyview
Contributions: 10842
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Since January 2009

How to get traffic to your open house is your agents job not yours. This is not a FSBO. I would express your dissatisfaction to your agent clearly and in writing. Tell them what you expect as far as marketing goes. If you don't know because you're new to this, ask the board here on Zillow. Posters and agents alike will tell you what the norm is in the profession. I think you may have a lazy or inexperienced agent. If they are not working for you, look into terminating their agreement. To do this, you must tell them what you expect and point out the things that they are not delivering to you as a client like a working marketing plan. You are not responsible for doing your own marketing with a full service listing. Lay out the problems with your agent, see if you can work it out and if not ask the board here how best go about to terminating your listing agreement with the fewest or no costs. You deserve an agent that will work hard to try to sell your house. I am not sure by the sound of it if you have one of those now.
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June 01
Profile picture for real estate mike
Real Estate Agent

View my 3 listings

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Since May 2009

I'd just tell them they're fired and that you need the appropriate paperwork. If you receive none usually all it takes is a call to their broker. Easy to see this relationship isn't working, move on. 
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June 01
Profile picture for akoi
Real Estate Agent
Contributions: 1032
Does anyone think the title to this question is kinda funny?

You probably should contact the agent's Broker and express you dissatisfaction. document the issues first.  Tell the Broker/agent you want out. If they balk at this go to the local Board of Realtors and complain.
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June 01
Profile picture for BoiseREbroker
Real Estate Agent

View my 3 listings

Contributions: 121
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Since October 2009

A listing contract should be a legally binding contract between the seller and the agency.  If you can show neglegence or breach of contract, you should bring that up with the broker of the agency.
Some brokers are pretty quick to release clients while others force you to take it to court or ride out the term of the contract.  Too many sellers want out of a contract for fake reasons so they can try to sell a home directly to another buyer directly or just because they have false expectations.

In your case on an open house, realize that only 5% of the homes that sell are a result of an open house!  That includes meeting someone like me that might convince you to build a home or buy a different home, but the source would still be the original open house.

If your listing is cancelled, be sure to read the contract to see if there are any early termination fees.  For example, my contracts state that if the contract is terminated early, the seller agrees to refund any fixed costs incurred (i.e. advertising, marketing, website fees, etc).

Best of luck!
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June 03
Profile picture for Caveat Emptor
Contributions: 5862
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Since January 2009

5 reasons why jim paulson needs to go back to starbucks

1) A listing contract should be a legally binding contract between the seller and the agency.(a contract than not only creates a binding legal relationship, but ALSO spells out in black and white the expectations of both parties to the contract, ie what his job is. if he wants you to plan your own marketing then you do not need him.)

2) If you can show neglegence or breach of contract... you can sue, for paper dollar damages... it takes nothing so strong to dissolve an exclusive agency agreement. simple dissatisfaction or gross incompetence should be clearly enough to demand termination of the agreement.

3)you should bring that up with the broker of the agency.(if and only if you feel that the agent will not respect your position. its poor buisness to go over someones head without giving them a shot to make you happy. discounted fee or new plan, etc.)

4) Too many sellers want out of a contract for fake reasons so they can try to sell a home directly to another buyer directly or just because they have false expectations.... oh now you are putting this on the laymen?

5) In your case on an open house, realize that only 5% of the homes that sell are a result of an open house! in your case, i suggest YOU realize that 1 in 20 houses WILL (5% your number) sell at open house, and that it is an important part of your job. it gives other agents a sense of the home which probably results in some 20-40% of sales and also gets the agent valuable feedback as to possibly overlooked aesthetic issues that can be altered... if everyone who walks through the door has their eye on the dead space over the fireplace, then you can, for instance put a painting there and change the mood of the entire room. people feel claustrophobic? declutter...

this is all the agents job, i cannot believe you took the agent's side if he is asking his clients for tips.
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June 03
Profile picture for Caveat Emptor
Contributions: 5862
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Since January 2009

PS if you terninate the contract due to GROSS INCOMPETENCE then you do not have to pay any fixed costs and the agent can go ahead and sue you.
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June 03
Profile picture for sunnyview
Contributions: 10842
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Since January 2009

Yes the contract is legally binding, but only if the agent is performing their promised contractual job. When you speak of clients wanting "out of a contract for fake reasons so they can try to sell a home directly to another buyer directly or just because they have false expectations", I think you need to ask where these false expectations come from. Often, they come from agents who promise they can sell a house in a time under the market average or promise a marketing plan and do not deliver. These types of agents make other honest, hard working agents look bad. They also damage a clients future ability to trust any agent. I see that as a problem. This client obviously has issues that need to be resolved. Maybe talking to their agent about what they would like to see will be enough, but if the agent is not fulfilling their side of the contract, there is NO contract and the agent is the one in breach.
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June 04
Profile picture for pwildcon
Real Estate Agent

View my 11 listings

Contributions: 786
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Since August 2009

boy for the 2 sentences this guy asked... everyone here is sure making a lot assumptions... I'd like to hear a little more detail on the subject... ?? double talk?? perhaps there is a communication issue here... ask your agent to explain untill you understand... you thought enough of this agent to hire him ( and contract with his brokerage - who owns the contract) something got you to sign the listing agreement... I doubt he had a gun to your head...

You don't say how long you have been listed... a day, a week, a month, months?

did you pick the price together? or did you insist on a price? and now he can't get traffic to in?

There are many reasons for an agreement going sideways... and there are  2 sides to each story..

also keep in mind the Brokerage has the right to re-assign the contract to another agent in the brokerage... to get the client satisfied again.. and get the house sold... the brokerage has it's name and money ( the commission) on the line...it is to their advantage to keep you happy... have a talk with the agents broker...

your goal is getting the most you can with the best terms available to you and hopefully walk away with satisfaction.. and move on with your life..

I hope all works out for you...
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June 06
I have to agree with Sunnyview... If you are being asked how to get traffic to your own open house its time to lose the agent you have and find a new one.

It is the agent's responsibility to market your home  - including open houses.  That is why you are paying this agent a commission.  If you are paying full commission (6% is standard where I come from) then you should get full service and not be bothered with doing this agent's job.

Anytime you feel "uncomfortable" with an agent - for any reason - is a deal breaker in my opinion.  If you need to go to the broker to break the listing agreement - do it.  That broker needs to know your reasons for your dissatisfaction.

Best Wishes,
Anne Wanchic
www.TheRealEstateAgentReferralAssistant.com
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June 18
I am stuck on the term "double talk". On one hand that seems to mean saying one thing yet doing another, and on the other, simply not giving straight forward answers. In this market neither one of the above is acceptable.

I would gather a list of questions, sit down the with agent and get answers. If they are not the right answers - move on.

Cheers!
Heather Rankin
The Lake Powell Real Estate Blog

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June 18
Be open and honest and explain you want out! Tell him/her that you are not happy with his/her services and see if the broker will let you out of the agreement. I'm sure you can find the broker name and number online pretty easy. Your agent may ask you to pay for any hard costs or time they have put in, so you may have to negotiate.

More than likely though if the lines of communication are scrambled, then you need to find an Agent that works well with you.

Regards,
Kristopher Bowen
Zoom Real Estate
Utah Realtor
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June 19
 

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