Expert: Dick Dennis - 8/20/2007

Question
I live in MI and have had my house on the market for over 16 months. I switched Agencies at the 12 month mark with a an Unconditional Withdrawal at no costs to me.

I am in the 5th month of a agreement and I want to get completely out of the market until it improves. I notified my agent of this and they told me that I had to pay part of their costs to get an Unconditional Withdrawal. I can not find anywhere in in our agreement that says that I owe them money for their costs. It only says that that the agreement must be terminated in writing (no penalty clause). The agent tells me that it is the Brokers agency policy. I was never shown or told about this policy. The Broker is telling me I am getting off easy at $100 and that it should be higher.

Do I really have to pay the $100 dollars?

If I pay it, it is not unconditional but conditional, Right?

Answer
Not a dime, Mike. Remember. In real estate, if it is not in writing, it was never said!

Further, you can say to him and his broker that if they do release you from the listing, you will not say negative things about him and his office. And when people ask you what happened to the listing, you will tell them that XYZ realty treated you fair. I do wish you well.

Dick Dennis