Expert: liznarr - 9/27/2010

Question
I signed a contract through the end of May 2011 with a local realtor who I find is not only rude but very difficult to work with.  I live in Texas, is it possible to take my home off of the market or sign with a different realtor?  In my opinion this realtor is very unprofessional, is not doing anything to market the property, refuses to give us feedback from those that have viewed the property and I can't imagine having to work with her for 8 months.
Thanks,
Marie

Answer
Marie

A listing agreement is a legally binding Contract, just like any other type of Contract.  There are, however, ways to terminate a listing agreement… depending on the circumstances.  

An agent is bound to certain fiduciary duties under a listing or buyer agency agreement (read about them at http://www.realtor.org/toolkits/meetagency06  and http://realestate.about.com/od/realestatebasics/p/fiduciary_duty.htm).

A request from you as a Seller-Client for feedback on showings would be covered under the duty of obedience.  The request is NOT illegal, and it is reasonable.  If you agent has refused to do this, then you should have a talk with her BIC and request an unconditional Release from your listing agreement.  

Be prepared to document your requests to your listing agent for showing feedback in writing.  If you have not already done so, you may want to email your agent (requesting a read-receipt), asking for feedback from all agents who have shown your property.  Follow up your email with a call, making a notation of the date/time you either spoke with your agent or left a message for her.  If you do not receive a timely response, show your email, your read-receipt, and any other documentation you have to her BIC and request an unconditional Release from the listing, citing the fact that she has breached her agency duty of obedience.  You can also bring up the fact that you are losing valuable time which could be costing you money.  If your property is not being marketed at all, I don’t see how your agent ever expects to sell it (another topic to discuss with her BIC).  The job of a good listing agent is to generate activity on a listing.
 
You should also read your listing agreement carefully to see what other obligations both YOU and your agent might have under the listing agreement.  If your agent breached any of the terms of the listing agreement or misrepresented anything to you, then you have LEGAL grounds to terminate the agreement.  In this situation, you simply need present your facts and documentation to the Broker in Charge (BIC) and demand an immediate UNCONDITIONAL release.

As information to you, a BIC has total responsibility and liability for all actions (or inactions) of all agents operating under him/her and can make the ultimate decision of whether or not to release you.

If you can provide documentation of agency breach and the BIC refuses to release you, let the BIC know that you plan to file a formal complaint with your State’s Real Estate Commission, and then “do it.”

When you realize that real estate companies do NOT want a bad reputation for matters such as this, the squeaky-wheel syndrome can be a good ally for you now.

I hope the above is helpful.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth