Canceling a contract with listing agent?

Question

I have a property listed with an agent. It's been on the market 5 months. I want to take it off the MLS and try to do a FSBO then in 4 months re list it. The agent told me to send a certified letter wanting to cancel the contract. then in 10 days the contract is canceled. The agent told me if I sell it with in 180 days I owe her a full commission. What is up with that? Also I have signed a contract with a home warranty what exactly will happen to that if I don't want it. I just want to give it a break and give it a go in April or May.

Travis S. · Answer

You should contact a attorney. Because I don't think its right for, when you sell your home that she has to receive commission. I wouldn't pay her.

Ken Hicks · Answer

I sent the certified letter to her so in 10 days the contract is void. And yes she would get a full commission if the property did sell to a person that was showed the property before. The way she was taking she got the commission if anyone bought it in 180 days. This is actually a rehab house I purchased that I didn't see a few things that was wrong even the inspector didn't pick them up. we'll see what happens.

Ryan Webber · Answer

I'm sure Travis is referring to one of several creative selling strategies.  Selling your house with a lease option, contract for deed (land contracts), or some other type of owner financing can give you the exact results that Travis is communicating, but there are also disadvantages to each.  Not that one of them might not be a very viable option for you in your position, but there's nothing new under the sun.

Matt H · Answer

so that means you'd take full advantage of her young sweet tail would you. :shock:

Ken Hicks · Answer

Sorry, I was going to do this but I froze. This is a female and a young pretty one. I should have asked her to get a drink then got her drunk and made a new contract  :beer:

N/A N/A · Answer

Amy is exactly right in her response. A realtor will want that 180 period to ensure that no advertisments or efforts of her own was the procuring cause for that sale. Not to mention protection from fraudulent sellers. The best way to handle your problem is to talk to the broker. Most larger brokages will rather release a listing at the request of a seller then fight them til the end. When doing this make sure they sign some sort of Termination of Agency or Mutual Release Form. It is ultimately the brokers call for releasing a listing so I would start there.

N/A N/A · Answer

i think r2d2 has the best solution.  next realtor contract i sign is going to have a "ball kicking" clause in it.  and i'm gonna make sure i have 180 days to collect!!!

-dean

N/A N/A · Answer

you only owe her a full commision if a buyer she showed the house to, because of her marketing efforts; later decided she or he wanted to make an offer or buy your house.  in your listing contract it states that if a buyer makes an offer 180 days after it expires or you cancel she is entitled to her commision.

and she is!!!  she marketed the property and because she did this; the buyer because of her efforts made an offer.    and this is what you wanted wasnt it??

and this is a buyers market the properties stays on the market 6-12 months.  an agent has a better shot than a for sale by owner.

when the majority of buyers want  to buy a house they call a realtor.   realtors have access to all properties on the market, via MLS.

if your not happy with her do as she ask, and get it off the market.

but i dont think going FSBO is a good idea.

my 2 cents

good luck

amynewbie

Matt H · Answer

Here's what you do....

Step 1) You arrange to meet with him in person.

Step 2) You have him bring the listing contract.

Step 3) You walk up to him and if he doesn't have the listing contract in his hand you say "hey do you have that listing contract, I just wanted to go over one part with you, can you pull it out?"

Step 4) Once he gets out the listing contract you then immediately look up into the sky like you're looking at something.

Step 5) You wait for him to look, or you say "hey what's that" and you point into the sky.

Step 6) When he looks up you wind up and kick him in the balls as hard and as fast as humanly possible!

Step 7) Then he's keel over in pain while you grab the listing contract from him.

Ryan Webber · Answer

LOL

Canceling a contract with listing agent?

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