How long to wait before firing a real estate agent?

28 May 2009

28 May, 2009 Open House

I listed a home 3 weeks ago. The agent has said his best sales tool is his website. It took him 1 week to get it on his site (only because I called him) and 3 weeks later he has still not corrected the mistakes on it. His "Hotsheet" which is supposed to have all his listings does not have my home on it. He placed an ad in the paper but it wasn't distributed in the same part of town as the house. I have held Open Houses and not seen him around. I need to sell this house NOW and he hasn't even shown the house to a prospective buyer! How long do I wait to fire him? What can I do to get his butt into gear?
I just wanted to add that the advertisement that was placed in the news paper went to the NW part of Phoenix and the home is in the SW part… the NW part of town is where majority of the retirees live.
Also, the open house was with his knowledge, in fact… it was in the ad he placed!
I think that due to the fact in Phoenix the real estate agents didn't have to do anything 1 year ago to sell a house… they don't know how to lift a finger and actually do some work to make their sales happen. I think they have gotten lazy… but thats just my opinion.

(With all due respect to ALL the messages)
OK…there are many contradicting advices that you've been given. Some say that you are stuck until the listing contract expires others tell you that you can cancel it any time. You might be asking, which one is it?

This is what I can tell you, a contract has 2 or more agreeing parties, meaning they have a meeting of their minds for one objective. The same way if both parties decide to cancel the contract it can be done as well. With that said, I suggest you first go talk to the employing broker (usually the owner of the company the agents works for) and let him/her know the shitty (excuse my French) this agent has done and if they dont want to be mentioned to the Better Business Bureau, the Federal Trade Commission AND the Department of Real Estate in your state than they better shape up that agent to actually do some work. If you rather not work with him anymore tell them nicely that you want the contract cancelled and release you from the listing with them because of the work ethic of that agent.

I seriously suggest you do not get all upset and demand things because they can make your life miserable. The contract CAN be cancelled but they can give you hell before and you seriously do not need that, you just want an agent that will work for your best interest not his/hers.

So, all in all YOU CAN FIRE an agent if he is not performing, all you have to do is have them release the listing and cancel the contract. Of course that if you end up selling the home to someone that this agent has brought the attention to the house and could have possibly sold it to them than the agent is entitled to the commission.

One last thing which I want to make it very clear, DO NOT take this message as legal or contractual advice. I am very aware of the law and because of this I cannot give you legal advice that is what lawyers are for. BUT all I told you above is my opinion and it could be very beneficial to you if you enforce it.

Good luck and next time dont wait so long to fire an agent that is not performing. Your home is the best investment you will ever make in your life so you should safeguard it like such.

TrackBack URI | RSS feed for comments on this post

8 Responses

MRS. A
2009 May 28 1

WE CONTRACTED FOR 30 DAYS FOR OUR REALTOR TO SELL OUR HOUSE.

DID YOU SIGN AN EXCLUSIVE AGREEMENT WITH THAT REALTOR?
References :
redunicorn@sbcglobal.net
2009 May 28 2

Read your listing contract and see if there are any "outs" otherwise you are stuck with the jerk until the time in the contract is up.
References :
SexyTrojan
2009 May 28 3

If you signed a contract you can't fire him. Your contract probably says something along the lines of if you get someone else to sell your house, he gets the profit. No one will touch that.
References :
thetoothfairyiscreepy
2009 May 28 4

you may terminate your listing agreement at this time. contact your agent, tell him you want to withdraw your listing from him. sign the "release of listing agreement" form, and you are free to go. be sure you explain to him WHY you are pulling your listing from him…because he is doing you a disservice!!! fyi: if there was a pending contract, offer, etc. then you should probably not pull it, due to circumstances. however, in this case, it should be ok to take the liting from him.

good luck with this, and i hope you have better luck with a motivated realtor!

i hope this works out for you!
References :
Licensed Realtor in SC
bostonianinmo
2009 May 28 5

You've probably signed a six-month contract so you can't just "fire" him. He'll get his cut for six months so no other agent will touch you.

If you have a complaint with an agent, discuss it with him first. If you're not satisfied, discuss your concerns with his broker. Most of the time you can resolve things amicably. If you reach a complete impass, only the broker can dissolve the relationship without obligating you to them for commissions so you have to work with him or her.

But you need to understand a few things first. Three weeks is NOTHING in real estate sales time. Typically it takes 2 - 4 months to find a buyer and complete a sale. Those are averages but will be influenced by many things. Some of those are within your control (such as curb appeal and keeping the inside scrupulously clean) and others are not (such as location or an eyesore of a neighbor or changing market conditions.)

Advertising is best targeted to the market most likely to be interested in the product. It's entirely likely that he's marketing it outside the area of the home to maximize coverage. People in the immediate vicinity are already covered by the For Sale sign on your lawn so it usually makes sense to target newspaper ads outside the neighborhood.

If you ran the open house without his concurrence, you should not be surprised that he's not showing up. If you found a buyer he'd be getting his cut anyway, so why bother?

Just because you want to sell RIGHT NOW doesn't mean that you're going to get what you want. From your current agent or from anyone else for that matter.
References :
Paul D
2009 May 28 6

I do not know about AZ, but in Alabama, you can let your agent go anytime for not performing as promised in the contract. Most agents do not ike to let you know this. I let all my clients know this up front! I tell them, in writting,

"If you do not like the way I’m marketing your home, or feel I am not doing what you expected of me, just let me know. I will terminate our agreement, and providing no one I showed your home to, buys it within the next 90 days, you will never hear from me again. I’m that confident you will like my service."

Need a good Realtor?
e-mail me
I can recommend an experienced Realtor from your area that will give you OUTSTANDING service! I work with a network of Realtors across North America.
http://www.pauld-kw.com
http://www.bhammls.com/dziedzic
References :
Molly R
2009 May 28 7

The MLS sells homes. Also find out if you are under contract with the Realtor, most likely you are. You will need to wait until that is up. When we sold our house we never signed anything longer then 30 days. We went through three Realtors before we go one who really know what the right price was going to be and we sold it two weeks later.
References :
www.JBienesRaices.blogspot.com
2009 May 28 8

(With all due respect to ALL the messages)
OK…there are many contradicting advices that you've been given. Some say that you are stuck until the listing contract expires others tell you that you can cancel it any time. You might be asking, which one is it?

This is what I can tell you, a contract has 2 or more agreeing parties, meaning they have a meeting of their minds for one objective. The same way if both parties decide to cancel the contract it can be done as well. With that said, I suggest you first go talk to the employing broker (usually the owner of the company the agents works for) and let him/her know the shitty (excuse my French) this agent has done and if they dont want to be mentioned to the Better Business Bureau, the Federal Trade Commission AND the Department of Real Estate in your state than they better shape up that agent to actually do some work. If you rather not work with him anymore tell them nicely that you want the contract cancelled and release you from the listing with them because of the work ethic of that agent.

I seriously suggest you do not get all upset and demand things because they can make your life miserable. The contract CAN be cancelled but they can give you hell before and you seriously do not need that, you just want an agent that will work for your best interest not his/hers.

So, all in all YOU CAN FIRE an agent if he is not performing, all you have to do is have them release the listing and cancel the contract. Of course that if you end up selling the home to someone that this agent has brought the attention to the house and could have possibly sold it to them than the agent is entitled to the commission.

One last thing which I want to make it very clear, DO NOT take this message as legal or contractual advice. I am very aware of the law and because of this I cannot give you legal advice that is what lawyers are for. BUT all I told you above is my opinion and it could be very beneficial to you if you enforce it.

Good luck and next time dont wait so long to fire an agent that is not performing. Your home is the best investment you will ever make in your life so you should safeguard it like such.
References :
http://www.wonderagents.com/neymontenegro
http://jrealestate.blogspot.com
Real Estate, Mortgage & Credit information

Sell Your Home Without A Realtor