Real Estate Agent problems WWYD

[phorsenuf]

We've had our house on the market since April. I haven't been happy with our agent for some time but I stuck it out. My husband and I have had enough and we want out. We thought we would relist with another agent who we know is aggressive. She told us even if we withdraw our listing we can't hire another agent until our contract is up with her. We can FSBO it or take it off the market completely.

I was traveling when we signed the contract so we did everything via FedEx. I went to pull my copy of the contract to read it over and realized she never even sent me a copy of it. I asked her 3 days ago for a copy of it but I still haven't received it.

My husband is furious with her because of some things we have found out and some things from earlier. For instance she said she had listed it on the major search engines so today I went to search and saw she hadn't even put it up on Yahoo until August! That was 4 months after we listed. I insisted on print ads because she wasn't going to do that. That took some doing. I had to send her pictures of the inside of the house because she could never make it over to do so herself.

I know I probably should have let her go some time ago but I was stuck. It seems we lost so much time in selling and now with winter approaching things are looking bad.

Would any Real Estate Agents like to weigh in and give me some advice. Can she really hold our listing and prevent us from relisting? I sold real estate 10 years ago and don't recall that clause and truthfully I don't remember it this time around. Of course if she would send me my copies I would know for sure. I'm just so mad at myself for letting it go this long. Do we have any recourse?

 

[themilesfamily]

Can she really hold our listing and prevent us from relisting?

If you signed paperwork giving her the exclusive listing for a certain period of time, (six months, 1 year, whatever) then she is entitled to be paid the commission on your home if it sells during that time. She is the exclusive listing agent.

Even if you dump the agent and sell FSBO, you are still required to pay the agent the agreed upon commision, if it sells during the time of the contract.

You can nicely ask the agent to release you, but she doesn't have to.

I would get a copy of the paperwork and see what you agreed to.

Good luck!

 

[Disney Doll]

Get a copy of the paperwork and see what you signed. If she is balking giving it to you, then contact her office's manager and speak to that person. If you are unsuccessful, then go to the broker. The broker and the offcie manager could be the same person, but don't necessarily have to be. Your state also has a board of realtors that you could contact, explain what has been going on and report her. There maybe some ethical violations there.