Robert Vegas Bob Swetz

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Rainmaker
1,714,501
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Read the listing agreement. We never have a cancellation penalty and will gladly release a client if unhappy. That term is one that both Broker and Seller need to discuss and agree to upon negotiation of the Listing Agreement.

Mar 21, 2016 09:34 PM
Rainmaker
4,775,891
Richard Weeks
Dallas, TX
REALTOR®, Broker

One can terminate an agency relationship at any time.  But you need a reason or you may be in default of non-performance.

Mar 21, 2016 09:31 PM
Rainmaker
4,250,397
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

We will release an unsatisfield client if they are not happy with our service. We tell this to them at our initial CMA meeting. In all the years we have been orking in this business, it has only happened to us once...

Mar 21, 2016 10:10 PM
Rainmaker
903,078
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Yes, in most cases.

Mar 21, 2016 07:41 PM
Rainmaker
1,156,052
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Yes, depends on the contract.  There might be fees. 

Mar 21, 2016 07:03 PM
Rainmaker
1,611,716
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

All is spelled in the Listing agreement, a broker signature is required. 

Mar 23, 2016 06:12 AM
Ambassador
4,319,119
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Robert 'VEGAS BOB' Swetz - a contract should have an 'out' clause. Did you not have one?

Mar 22, 2016 02:26 PM
Rainmaker
1,771,867
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Yes go to the managing broker and they will let you out of the contract.

Mar 22, 2016 08:30 AM
Rainmaker
2,401,179
Robert Vegas Bob Swetz
Las Vegas, NV

I would like to thank everyone for stopping by to comment and when I asked my question I wanted to act as if I were a homeowner.

Some homeowner's that list their homes don't know and or understand all the fine lines within a listing contract, even though we read the contract, etc.

 

Mar 22, 2016 05:48 AM
Rainmaker
5,582,796
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

our agreements always have that statement included....we don't hold anyone up, if they want out....

Mar 22, 2016 02:41 AM
Ambassador
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John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

You could with me.

Mar 22, 2016 12:09 AM
Rainmaker
2,761,422
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

A contract plays a significant part in Real Estate yet it is not worth the paper it is written on unless the parties first agree, stay agreed & finish the agreement

Mar 22, 2016 12:08 AM
Rainmaker
1,466,207
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Robert 'VEGAS BOB' Swetz Only if there is a provision in the listing agreement or all parties agree to mutually terminate the listing. Sellers sometimes forget that a listing agreement is a formal contract.

Mar 22, 2016 12:01 AM
Ambassador
2,015,587
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

Only if the contract has an "early cancellation" clause.  If it doesn't, make sure you write one in before you sign it.

Mar 21, 2016 11:37 PM
Rainmaker
469,510
Dan & Laurie Pittsenbarger Team
Keller Williams Western Realty - Bellingham, WA
Lakeside & Coastal Single Family Homes

In our area the listing agreement does not have an out for the property owner. Most, not all but most, agents however do let their sellers out of the listing contract if they are not happy.

Mar 21, 2016 11:30 PM
Rainmaker
2,320,203
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

if you were listed with me you could.  I don't believe in holding people to contracts in that situation

Mar 21, 2016 10:48 PM
Rainmaker
2,219,204
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Absolutely.

Mar 21, 2016 10:32 PM
Rainmaker
4,504,904
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

It depends.  Speak with the broker.  

Mar 21, 2016 08:23 PM
Rainmaker
634,482
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Only if the contract terms include a clause allowing that. Mine always include an out clause but I vary the minimum term depending on how much I need to do for each listing.

Mar 21, 2016 06:36 PM
Ambassador
3,987,926
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Talk with the agent and see if the problem can be resolved. Then talk with the broker. Most situations can be worked out. You can' t just break a contract because you are not happy.

Mar 23, 2016 02:55 AM
Rainmaker
5,813,598
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Only if the listing agent will release you prior to the end date.

Mar 22, 2016 11:46 PM
Rainmaker
5,053,255
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I tell clients up front that if I'm not doing what I promised to do, they can "fire me." I also reserve the right to "fire" them if the relationship is not working. At the end of the day, contract or not, why would I want to hold someone (or me) "hostage" to it if the relationship is not working.

Mar 22, 2016 10:54 PM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

What does your contract say about cancellation? Also our contracts have a section that says the seller will still owe a commission if the house is sold to someone the listing agent has already shown the house to. We can put that period of time out for as long as we want. I use 180 days. 

Mar 22, 2016 09:00 AM
Rainmaker
5,098,525
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Not according to the standard listing agreement without a cancellation clause.

Mar 22, 2016 08:13 AM
Rainmaker
748,024
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

It depends on what it states in the listing agreement.  If you have an out clause you can use it to get out.  You might otherwise be obligated to continue with the terms of the contract.  Beware that if an offer comes in at full price and terms you could be obligated to pay a commission even if you don't sell the home.  You can not be forced to sell though.

Mar 22, 2016 07:15 AM
Rainer
42,520
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

You can call the agents Broker and ask that another Agent be given your listing. The original agent will still get a referral fee if your home is sold. The referral fee is taken off the new agents commission. Also read your contract. is there an excape clause?

Mar 22, 2016 05:44 AM
Rainmaker
4,433,977
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Talk to an attorney.

Mar 22, 2016 03:47 AM
Rainmaker
1,488,222
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

A contract is a contract out here and not breakable.  Check the agreement for any cancellation clause, but I don't think there is one in CA for example.

Mar 22, 2016 03:23 AM
Rainmaker
890,643
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Depends on your contract. Most agents will not hold a client "hostage" if things are not going well, but some arrangements may have to be made e.g. I've seen brokers asking for compensation related to advertising.

Mar 22, 2016 02:05 AM
Rainmaker
823,129
Susan Laxson CRS
Palm Properties - La Quinta, CA
Realtor in San Diego, CA & Naples, FL

Depends on the contract and then it is between the clients and the broker. I have never had it happen to me, but usually a broker will allow them to cancel if they are unhappy with the services of the agent.

Mar 22, 2016 02:04 AM
Rainmaker
4,807,928
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I know of some agents that will take the seller to court,  weird, never a win win I say.

Mar 22, 2016 02:03 AM
Rainmaker
630,610
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

Not an attorney, nor do I play one on TV, but barring specific language in the "contract", One party cannot void a "contract" without the agreement of all other parties to the "contract", which in my state, is not the listing agent, but the Broker.

 

That said, as a practical matter, and a general rule, it benefits neither party to hold to an agreement they are not satisfied with, and if the cause of the dissatisfaction/deficiency cannot be worked out or cured, a mutual release would be a prudent business decision.

 

Ther *may* be other factors, such as if there is an accepted offer on the property, different game/different story.

Mar 22, 2016 01:50 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Generally, but it may be expensive.

Mar 22, 2016 01:15 AM
Ambassador
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Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

It really has to depend on the language in the listing agreement. I've seen some listing contracts make the seller pay for all the marketing materials and time spent by the listing agent; which we know is extensive and expensive Robert 'VEGAS BOB' Swetz 

Mar 22, 2016 12:30 AM
Ambassador
3,727,519
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

What does the ontract say?  I insert language that lets them out, subject to their reimbursing our marketing expenses, we will let them out.  The "protection" period stays, however.

Mar 22, 2016 12:28 AM
Rainmaker
1,029,217
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Do you mean, when is a binding agreement not binding? O.o LOL
Having said that, we add a mutual cancellation clause to our listing agreements. If dissatisfied, they can bail. So can we.

Mar 22, 2016 12:17 AM
Rainmaker
1,230,809
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Many mls get cancelled in a few days.  I changed my mind.  Some turn around hire another agent.   

Mar 22, 2016 12:04 AM
Rainmaker
7,671,584
Roy Kelley
Retired - Gaithersburg, MD

Go by the terms of the agreement. I recommend an early release provision.

Mar 21, 2016 11:38 PM
Rainmaker
505,792
Brenda J. Andrew
ULTIMA REAL ESTATE - Willis, TX
Professional Realtor in Conroe/Willis, TX

I believe Real Estate agents can be fired.  There is a form both parties have to sign in Texas to release the seller from the contract.  Most Brokers are willing to do this with no penalties but you will need to check with the Broker to verify!  The Broker may want to re-assign the listing to another Agent in the office.

Mar 21, 2016 11:33 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Read the contract!

Mar 21, 2016 10:30 PM
Rainmaker
3,415,477
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Good question Robert 'VEGAS BOB' Swetz as i do get these calls from sellers who listed with the big company and didnt get what they thought for service, now they want out. They cant just void a contract but have to be asked to be relesed from it in writing, and most of important, the agent had to agree to it by signing it.

Mar 21, 2016 10:16 PM
Rainmaker
3,624,863
James Dray
Fathom Realty - Bentonville, AR

You can here.  No issue that is unless you signed a contract with a cancellation fee.  

Mar 21, 2016 10:01 PM
Rainmaker
1,157,735
FN LN
Toronto, ON

It depends on the terms and conditions of the contract.

Mar 21, 2016 09:59 PM
Rainmaker
1,828,735
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

No, not until the contract is up whatever that time frame is. Agent can let seller out if they so desire.

Mar 21, 2016 09:53 PM
Rainmaker
2,132,603
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

I'm wondering if we should have a stated cancelation fee ?

Mar 21, 2016 09:49 PM
Rainmaker
550,161
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

Real estate is local and there are at least 50 different listing agreements used by agents so no one can answer your question without seeing the contract used in your area. 

Mar 21, 2016 09:06 PM
Rainmaker
612,047
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

In the MAR listing agreement , each company can insert their termination policy

Mar 21, 2016 08:56 PM
Ambassador
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Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

It depends on the specific contract. You might be able to take the house off the market but might be tied to that realtor anyway for the initial term period. The fine print is important!

Mar 21, 2016 08:21 PM