Expert: Jessica Bryan - 9/6/2006

Question
Our home has been on the market since the end of June and we want to end the contract with our realtor. Here is why:
1. She left on vacation 2nd week it was on the market without telling us. Her cell phone didn't work and she had a friend of hers contact us with her email address. --- no calls got through to her cell while she was gone.

The flyers didn't come until the third week the house was on the market.
2. We've asked to have an open house and she refused, saying it was not worth it. We've had no open houses ever.
3. We lowered the price of the home and asked for new flyers. She said to use the old ones just mark the price with a pen.
4. We asked for a copy of the contract. She said it was in the mail but it never came. Finally the fourth time we asked, 4 days later, she scanned it and sent it.
4. We asked for a new photo of the home to be taken since the first one had a big van covering part of the house. She said she'd post the photo. That was a week ago, no new photo.
5. We asked to cancel the contract. She only withdrew and is refusing to cancel the contract. We have another three months on the contract.
6. She said in order to cancel the contract, she needs to speak to our new realtor. We have no new realtor.

Answer
Dear Lily;
I am sorry that you are having this problem.  Unfortunately, as with all professions there are hard workers and lazy workers.  I would suggest that you speak with the agent's managing broker and see if you can be reassigned or cancel the contract.  This agent is not someone with whom you should be working.  The agent may have in mind to get a referral fee from anyone you use (which is why she wanted to talk to your new agent.)  If the agent isn't working for a company other than her own then I am afraid you will have to wait out the contract's expiration or assert yourself and insist that you be released (in writing) from the contract.

Best of luck with this.

Jessica Bryan
Managing Broker
House to Home Realty Services