Expert: Jessica Bryan - 5/23/2006

Question
I was mislead upon signing a Residential Listing Agreement-Exclusive representing my property. Upon discovering that I was misguided I requested a cancellation of contract within 24 hours upon signing with the agent, and only gave me a withdraw from real estate. The broker and the agent denied my cancellation of contract. What could I do to get a cancellation? I already filed a complaint with the Real Estate Dept.

Answer
Dear Rigoberto,
I am sorry that you were mislead about the Exclusive Listing Contract. I am curious as to why you think that you were mislead. These contracts are pretty straight forward and since everything is in writing there should be no question about what you are signing.  However, most contracts have in them something that gives a client a way out.  It is not for me to give legal advice but I would say that consulting an attorney will be the only other way to discover how to break the contract.  If you cannot consult an attorney, consider calling a free legal hotline.  You will need a copy of the contract though so a lawyer can advise you after reviewing the terms of the agreement.  I am surprised that the Boker didn't release you from the contract, but you can be persistant and see if enough complaining will help you. The other thing you can do is to be uncooperative.  Making your home impossible to show and denying access every time there is an appointment would be a way of showing the agent that you do not wish to list with them. (This is not something I would recommend though since it seems wrong to go forward with the agent and expecting the agent to spend money to market the home for you.) The other thing to do is simply withdraw the listing at this time and wait for a reasonable period of time before you relist with another company. This seems like the best solution that creates the fewest problems unless you must sell right away.

Good luck and best wishes.

Sincerely,
Jessica Bryan