AboutErrica Cook Expertise I can answer any questions regarding buying or selling real estate in California. I can also answer questions about becoming a real estate agent in the state.
Experience I have been selling and training new agents here since 2002.
Expert: Errica Cook Date: 6/2/2008 Subject: withdraw from contract with realtor
Question I am in a 6 month contract with a realtor. After being hounded by the guy with phone calls for my listing, I finally sat down with him to hear his spiel. I explained to him that I do not have to sell and that I cannot compete with short sales and foreclosures. He assured me with the right pricing (of course he and his "team" came up with it) that he would be able to sell my home. He promised everything such as following up with showings to obtain feedback, checking on me within 21 days for a market update, all sorts of "wonderful" advertising, etc. To date, I have had to call them for updates, which were minimal at best, have received no market update as it pertains to my home which is now 60 days into the contract, phone calls go unreturned and the advertising is in a single publication that doesn't cover the demographics for my home. I listed the house for less than what he suggested to give it an advantage and still no offers. Basically, he is another used car salesman (sorry guys...). Do I have any recourse of getting him to withdraw or am I stuck with him and his silver tongue?
Answer Hi Cheryl,
I am sorry to hear about your experience. I know that a lot of Realtors don't behave as they promise...
You DO have recourse. Write a letter to him stating that you want to cancel your listing. You could cite the reason as he failed to deliver what he promised, but I find that if you don't give a reason then they don't really have much to argue with you about. Send the letter certified, or deliver it in person to guarantee that he gets it. If he is an agent working under a broker, most Realtors are, then send a copy of the letter to his broker as well. Be prepared, his broker might try to keep the listing within the company, and offer you another agent. It's up to you if you want to give that a try, I just hate being caught off guard by those offers!
Also, ask for a confirmation in writing of the cancellation, that way you can enter into a new listing with a great agent!
