Expert: Sue Bernstein - 10/2/2005

Question
Hi. I have a real estate agent, but I'm thinking of dropping her because I am considering selling my home personally. So I need to know if there is any obligation to my agent.....I've had her for a month and a half but I'm not getting any satisfaction. I heard that I must keep her for three months or until I sell. Is this true? What can I do to drop her?

Answer
Dear Gloria,

You have to look at the contract signed and how long the listing is for. If you signed an exclusive listing contract (most likely)you owe her commission if the property is sold anytime during the contract period. My recommendation is that you meet with your agent and go over everything she has done to market the property. What is the average period of time for properties to sell in your area?  Your agent will be able to give you these statistics.  If your agent has marketed the property with advertising, brochures, open houses etc. and most properties are selling faster than 90 days plus then look at the house and the pricing. Is your house showing as well as possible?(clean, no odors, no clutter etc.)Is the house overpriced? Not getting an offer usually has less to do with the agent but more the presentation of the house and the pricing. If you still believe that it is your agent that has prevented your house from selling, you can ask for a cancellation of the listing.  It is up to your agent's broker whether you get a complete cancellation or a conditional cancellation.  A conditional cancellation will still require you to pay a commission should you sell the property during a certain time period.

Hope you find this helpful and good luck

Sue Bernstein
www.SueBernstein.com