Expert: Todd C. Menard - 11/2/2010

Question
I listed my house with a large local firm in NJ in June, 2010.   In 4 months, the agent has cancelled an open house after it was suppose to begin, no-showed for another, was late for yet another, didn't list my house with the gsmls for more than 3 months, and now left my bilco door wide open after an open house....I didn't return home for 24 hours AFTER the open house ended so my property was exposed for that period of time.

I left VM's for both the agent & his supervisor.  I sent a letter via fax & email to his supervisor requesting to be released from the contract.  I got a VM back from the agent telling me how sorry he was and how he was without his cell for a day and a half, and with his plan for yet another open house this coming weekend.

What do I do now?  He has been negligent and I don't want him in my home again.

Answer
Hi Karen - I would recommend a trip to the real estate office to speak with the owner and or Designated Broker. These are the individuals that are responsible for supervision of the agents and hopefully care about the 'goodwill' of their reputation. The recollection of performance and professional service that you describe fall far below the aspirational ideals of our industry Code of Ethics. If you agent is a member of the National Association of REALTORS he/she has an obligation to provide competent service as indicated in NAR Code of Ethics Article 11 (http://www.realtor.org/mempolweb.nsf/pages/code) and the office should supervise the agent to perform to this standard. If not, you could have a Code of Ethics complaint against the agent of which you would have the opportunity to speak to a professional standards hearing where the agent would also have the right to support their actions at a tribunal of their peers. The local Association of REALTORS should be able to hear your complaint within 3 months, so this is a long process. However, the firm probably doesn't want the bad reputation and therefore should be willing to release you from the exclusive listing contract you signed. Most listing contracts include statements that indicate the contract is irrevocable and this assumes the agent provides proper performance. Some firms will offer to substitute the agent with another more experienced agent in the office. Of course, if the owner/broker communication has been poor this may be an indication the firm doesn't have a commitment to client satisfaction so why would you desire to try another agent at that firm? You should seek an "UNCONDITIONAL" release which means this firm should have no claim to any monies relating commission for the sale and closing of you home.  If they are unwilling to give this to you you will need to use gorilla tactics... such as contacting a local television station consumer hotline (Turn to TV10, TV3 on your side, etc) and tell the consumer reporter your story and that the firm is unwilling to unconditionally release you. They will do a story about your situation on live TV and I am certain the firm does not want this type of exposure. SO, everyone can play fair or everyone can play nasty.. the choice is up to the real estate firms management! Any answer to situation like yours would be incomplete without asking you to reference the terms and conditions of your existing contract before taking any action. Know what the document says and what provisions apply to the firm and agents lack of performance and cancellation terms. Finally, failing to sell your home within the time frame you discussed with your agent could have damaging effects and therefore expose the firm to potential liability for your losses. I recommend that you seek a 'real estate' attorney to ensure that you should a delayed sale or no-sale possibly create financial damages you may have legal rights and remedies not indicated in your listing contract. I hope this assists you. Please feel free to reply should you need additional assistance. I apologize for the late reply. Thank you - Todd Menard