Broker Woes! - Posted by mike

Posted by phil fernandez on October 29, 2000 at 07:21:06:

You acted very reasonable. This realtor sounds like a collector of listing agreements rather than a guy that is motivated in actually finding ways to close deals. The fact that he didn’t contact you at all for a six week period shows his lack of respect and work ethnic. Two reasons there to fire him.

I agree with the others. Do not renew this listing with him. In fact go to his head broker and cancel the listing entirely.

Broker Woes! - Posted by mike

Posted by mike on October 28, 2000 at 23:17:39:

I got a call from my agent whom I listed with in August. I hadn’t heard from him in over 6 weeks. He said that he was leaving his company and going back to his old company. He wanted me to sign a relisting agreement with the new company. I told him I would meet him and we would talk about it. When I got there I calmly told him that I was unhappy with his service and the least he could have done was call me once a week to let me know how things were going. I told him I was not going to relist with him. (We had an informal agreement that either one of us could quit at anytime) He became very angry with me and said that he thought he was doing me a favor because he listed it for 5% commission instead of 6 or 7 because he would not have to “babysit” me. He continued to demean me and say that I was “difficult to work with” and I was the only one not listing with him of all his clients. I would just like to first of all have a reality check here. Was I out of line by asking for some service? Is 5% commission so low that I should not really have the agent do anything but put it in on the MLS? What happens to the contract now with the first brokerage now that he left? (He just left me hanging and basically kicked me out of his office even though I was civil the whole time) My 6 month contract is due to expire in January. Thanks for your help in this matter.

Re: Broker Woes! - Posted by dewCO

Posted by dewCO on October 29, 2000 at 20:30:10:

I don’t think you were remiss at all. The agent should have been explicit about what work they wre going to do. You shouldn’t have to guess, no matter what the fee. Some agents will list for all different commissions, it depends on who you are and what value you are to them.

Depends on repeat business the dollar amount of the transaction, etc. Mike got going a little bit in his answer, and he could be right. But he also could be wrong. You don’t know what the agents agreement is with his company, and neither does Mike. Usually the listing belongs to the company, not the company. If that is the case here, and it likely is since you haven’t heard anything further, then you have to cancel with the broker manager. If your agent has left and no one else has contacted you to let you know who is handling the listing now, then you would grounds to get of your contract, I believe. But agents almost NEVER believe that they have done or not done anything to cause a seller to be allowed out of their contract.

NEVER sign for 6 months EVER. The company can fight you every step of the way to keep the listing contract if they want and some will try to intimidate you. NEVER have a verbal agreement about what is supposed to happen. I don’t believe you have grounds to report anything about any body to any other entity. You need to hash this out with the company and that means the broker manager. Good luck

Re: Broker Woes! - Posted by AndrewC

Posted by AndrewC on October 29, 2000 at 16:56:52:

First thing I would do is report this agent to the listing Broker. Your listing agreement is with and belongs solely to the Broker and not to any agent.
An agent signs a listing under the Brokerage.
If this agent is trying to steal clients, that is foul play and should be turned in to the licencing commission.And also reported to the listing Broker.
Even if the agent were to leave the office to go to another brolerage, the listing belongs to and stays with the listing Broker.
Call the Broker and let him know that you are unhappy
with the agent assigned to your property and would like another agent assigned to it, otherwise you will cancel your agreement.I am sure you can get the Broker to do something that the agent wasnt willing to do.
Now, if the guy your referring to is a Broker himself, then the listing belongs to him anyway.But considering he is trying to get you to relist with the new Brokerage he is going to work for, I doubt he is a Broker.
Hope this helps.

Andrew Colvin

Re: Broker Woes! - Posted by Rick

Posted by Rick on October 29, 2000 at 01:23:41:


You were definately not out of line in my opinion. He was just trying to pressure you (via guilt) to re-signing. I had a broker like that once, and once he turned on me like that, I knew then and there that I made the right decision.

I also know a local broker here who gets his business by offering a mere 3% commission for being the listing broker, so yours wasn’t “that” low.

I can’t say 100% for sure about the brokerage you’re currently listed with, but if you check your contract, usually it is similar to “at will” employment. You can just up and walk away with notifying them that you no longer need their services.

As they say: “fuhgetabouddit” and don’t lose any sleep about him. :>)

Expiration / Cancel - Posted by PBoone

Posted by PBoone on October 29, 2000 at 01:22:15:

We cancel any agreement where the agent does not do a good job @ 4% commission. Call the agency holding the agreement tell them you want to cancel if they say no call the real estate board immediatly