Expert: Dick Dennis - 7/21/2006

Question
Hi Dick,

Well he wants his commission plus a admin fee or he's going to take me small claims court. He's telling me that number 4 item A3 of the Residential Listing Agreement i signed, he is entitled to his commission even if we cancel. I keep hearing mixed anwsers from people. Is this true? Do I really have to pay him his commission? We only listed the property with him for about 2 weeks. Please advise!! thanks
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Followup To

Question -
Hey Dick,

Please help! I’m in the process of selling my home and I’m extremely disappointed in my agent. He has not been honest with me from the get go and I want to cancel with him. I submitted a formal "unconditionally cancellation" to him. Here's where it gets ugly...The day 2nd after he received my request he came by when I was at work and took the lock box off and took my key with him. When I came home and noticed this I called him right away asking him for my key. He said that he didn’t want to leave it under the mat so he will messenger it over to my work. That was 2 days ago. I called him telling him that I haven’t received my key yet and he told me that the messenger didn’t come by. Well this is not my problem I’m having...my problem is that he will not unconditionally cancel my listing. He cancelled it but he kept it as conditional so no other agent can list it. He also threatened to sue me because the contract I signed with him entitles him to any commission even if I cancel. Is this true? I was also told by someone that since he didn’t give me a copy of the contract after I signed it (he did give me a copy but I did sign it) it is not a binding contract? Please Dick HELP!! I just want to know my rights..Thanks!!

Marc


Answer -
It is true, Marc. By not giving you a copy of the listing, he has flagrantly violated the Code of Ethics.

Further, you should write a letter with a copy to the agent's manager/broker, addressed to the local board of Realtors (if they are members of the Board of Realtors), telling how the agent has treated you and you want a complete cancellation of the listing.

I guarantee you, as soon as the manager/broker gets the copy of that letter, he will take care of this fiasco right away. No agent may retain your key. Period! You may also take his sign off your property. Put it on the side of your house or your garage and do return it to his company when they have returned the key and cancelled the listing.

One more thing. If I was in your position, I would write a letter that is more like a flyer telling all your neighbors what a miserable office xyz company is and why. When you disclose this to your agent's manager, watch how fast they perform. They may threaten to sue, but it would never hold water. What you are doing is performing your first amendment rights.

I do wish you well.

Dick Dennis

Answer
He's bluffing you! You can go to the hardware store and buy two new locks to replace what you have and then he can keep that key for dinner for all you care.

By the way, why didn't you tell me you are a licensed California real estate salesman. Because you did not disclose it to me, something tells me that maybe not everything you're telling me is exactly kosher.

Take care.

Dick Dennis