Listing Agreement - Posted by SurfAngel

Posted by SurfAngel on November 05, 2003 at 09:44:17:

Thank you, Leonard! Your advice is very appreciated and welcome…I am so glad to receive constructive and helpful comments such as yours :).

Listing Agreement - Posted by SurfAngel

Posted by SurfAngel on November 01, 2003 at 22:31:41:

45 days ago, my husband and I entered into a listing agreement with a realtor. The contract has a duration of 6 months (which I now know was a mistake). I recently discovered through word-of-mouth that the agency I listed with has been black balled, meaning agents from other realties will not show it.

Seeing as how we’ve only showed our house once in the 45 days on the market, we would like to know our options about getting out of contract. I read one post where NY offers owners the right to ask for “unconditional release.” Is this option open in GA?

Thank you for any input,

Re: Listing Agreement - Posted by Leonard R.

Posted by Leonard R. on November 05, 2003 at 04:03:39:

Surf Angel, I have helped a couple of my clients get out of the same situation by doing the following:

  1. Write a letter to the Broker(not the agent) that you listed with.

  2. Send a copy of that letter to your local board of realtors and your state board of realtors.

  3. Also write a letter to your OBRE (State agency Office of Banks and Real Estate).

In the letter to the broker (NOT THE LISTING AGENT) detail your displeasure with what has been done and your desire to not be held to the contract because of obvious incompetence on the part of the listing agent.

This always seems to work, because the broker does not want to be bothered by the headache of one house…it is generally not worth it to them.

Good luck.

P.S. In the initial letter sent to the BROKER, make sure you indicate that a copy will be mailed to the regulating agency’s.

ie CC: Board of Realtors
Office of Banks and Real Estate
Better Business Bureau

Re: Listing Agreement, is a contract - Posted by Ed Copp (OH)

Posted by Ed Copp (OH) on November 03, 2003 at 20:49:48:

So in short you signed it so you get to live with it.

The broker may very well be as you say “black balled”, this makes no difference, because he owns the contract that you signed. Showing the property once does prove that an effort is being made to sell the property. I rather immagine that an effort, is what was agreed to in the contract.

You can ask for anything you want. There is no guarantee that you will get anything, and there is no reason that the broker should release you from your contract, unless there is some circumstance that you did not mention.