How Does One Cancel Listing Agreement w/Agent

[buyorhold]

Ok, we are SUPER, SUPER frustrated with our real estate agent and would like to cancel our listing agreement with her. The agreement expires in December, but I’ve heard from several people that we can cancel at anytime, even from our real estate agent at the time we signed the agreement.

Does anyone know how one cancels a listing agreement? SD Realtor, please advise…

THanks!!!

[JWM in SD]

What’s the matter, not getting the price that you want??

What did we tell you?????????

[buyorhold]

No, our personalities just clash.

[HLS]

You need to get a cancellation in writing. You generally CANNOT cancel at anytime, unless that’s written in.
It’s a contract. There is an expiration date in your listing agreement.

Whatever they told you verbally may mean nothing.
Talk to the agent’s broker. Talk to the agent.

[ocrenter]

maybe work out something where you’ll still be represented by the same agency but by a different agent. so if the home do sell the current agent still gets a cut for work already done.

[cyphire]

Be careful – there are a lot of agents in a lot of trouble economically right now. Make sure to preserve your rights and get the agreements or the cancellations thereof in writing.

[SD Realtor]

buyorhold

Sorry to hear things are not working out.

Any listing agreement may be cancelled at any time. The first course of action is to simply address the issue directly with the agent. Simply call him up and ask him to send you a cancellation of listing agreement. This is a simple 1 page CAR (California Association of Realtor) form. When fully executed, (signed by both parties) it essentially terminates your listing agreement.

In the event that the agent resists or does not agree, then the next step is to go to the broker and ask the broker for the same thing. In all likelihood the broker will ask if you would like to use another agent, etc… If you do want to use another agent then great, the problem will be solved, if not then stick to your guns and demand the broker release you from the listing agreement. Make sure that the broker sends you the cancellation of listing form.

In the event that the broker disagrees then let the broker know that your next move will be to file a formal complaint with the California Dept of Real Estate. Thus the broker has a choice of retaining an unhappy client by force and getting a complaint lodged against him, or simply letting you out of the contract. 99 times out of 100 the brokers let people out of the contract. There are other steps that you can take if he does not but I would be willing to bet that he will if you go this far.

If you want I can look over your listing agreement to let you know if there are any ramications readily visible in the document. Even if there are you will most likely get the broker to drop them. For instance, there was a couple who had an agreement with Remax in the spring that showed a 2k expense fee to be paid in the event of cancellation. Well they did cancel and no they did not pay that expense fee. It took many phone calls and such but in the end it worked out and they did not have to consult a lawyer or file a complaint with the DRE. If you are firm and stick to your guns it will be fine.

The fact of the matter is that yes you can cancel at any time. The practical aspect is that if you do it correctly and use the proper documentation and show the broker you know the law, it will be easier and less time consuming.

SD Realtor

[buyorhold]

Thanks SD Realtor for your thorough feedback, if you have time and do not mind, can I email you the listing agreement?

Thanks!

[SD Realtor]

Yep you can email it to [email protected]. I will look it over… was there any other documentation that you signed besides the listing agreement? Were there any addendums or supplements? Include them if there were.

SD Realtor

[sdrealtor]

Be careful Adam,
you are walking a very fine line.

[waterboy]

Yes Adam you might just be trying to help someone out, but I would be very careful if I were you. Maybe read through Article 16 of the NAR Code of Ethics and Standards of Practice to make sure you are not crossing the line.

[PorkmanDelardo]

He has already crossed the line. He should know better. Any advice that he gives,(and he gives alot) should always be prefaced with notice that he is not allowed to solicit the listings of other agents. He can argue that he is not, but the reality is that he is.
His bet best bet is to back off and let the seller handle everything themselves. After the cancellation is in full effect, then the sellers are fair game. Naughty, naughty. Porkman

[Anonymous]

If the seller wants to cancel, and the agent told them that they could when they signed the agreement, why not just call up the agent and tell her that you want to cancel? She might say “OK” and then you would be done with it.

[SD Realtor]

Sorry buyorhold –

Thanks for not sending. Sorry about that but the board is right. It is a violation for me to assist and as pointed out here I have stepped over the line. Here is my recommendation.

Take the documents to the broker the agent is employed by and ask him to sit down and read through them with you very carefully to explain the situation. If there are stipulations in the listing agreement or the addendum that require you to compensate the brokerage for costs, he will explain them to you. Additionally he will also explain that there is a safe list he can (if he chooses to do so) provide to you that will essentially be a list of names that you cannot sell the house to (or if you do he shall get compensated) for a fixed period of time.

If you want a more unbiased advocate then take the documents to a real estate attorney and they can look them over and explain to you what you can or cannot do, what your rights are, and what obligations the contracts have for you.

SD Realtor

[Author]

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