Expert: Sue Bernstein - 6/18/2008

Question
QUESTION: we just signed a contract with an agent to sell our house, then we have second thought about it.  if we want to withdraw the contract, what are the things/steps/paperwork that we need to do/have in order to not get on the hook at a later date?

ANSWER: Contact your agent and let him/her know you no longer want to sell.  You should request an unconditional cancellation.

Hope this helps

Sue Bernstein

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QUESTION: is there a form that both sides need to sign to release the obligation?  if there is such a form, where can i get a copy?  Also, if the agent pretends that there is no such form existed, what are my options?

ANSWER: Your agent will have the form.  You have signed a contract and you must have your agent's agreement to cancel.  Most agents will cancel if you have changed your mind about selling hoping that you will come back to them when you decide it is time to sell. If your agent refuses to release you from the contract you will just have to refuse all showings and wait out the listing.

---------- FOLLOW-UP ----------

QUESTION: actually, I decided to use another agent.  If the first agent refuses to cancel the contract, what should I do?  By law, does the agent have the right to not honor my request?

Answer
So you didn't have second thoughts about selling. That is a little different.  You signed a contract. The contract is binding unless both sides agree to cancel. Your research into the choice of an agent should have been done prior to signing the listing.  Most companies will not agree to cancel for this reason as they take these contracts seriously.
I would suggest you allow the present agent to do his/her job and do what they committed to do and if it doesn't sell during the listing period you can then hire the other agent.  I am guessing your most important goal is selling your house.