Monika Wilson
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If he hasn't done anything and never showed the house you don't have to worry about the 120 day clause at all because nobody will be there to apply it to.
I don't know how buyers are looking for properties in your area but in our area most buyers pick up properties online or signage in front of the home.
If your Realtor told you he is advertising in local newpapers he should be able to provide you with ad copies (our local publications drop them off at our office as a proof for us and our clients)
What you can do, i would talk to your realtor and explain your concerns, ask him for another price evaluation, you might have to adjust your price. If the price is right and you still can not draw any buyers to at least look at your house, ask your Realtor to invite other Realtors into your house and tell him and yourself what can be changed to make it more attractive for potential buyers.
And of course you can always switch the Realtor. |
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young2bballin
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First and for most when you choose your next Realtor you should sit down with them before you sign the contract with them and have them lay out the entire marketing plan that they have for your home. They should be able to tell you what will happen all the way from week 1 until the end of the contract last ditch effort to get it sold. You should also have a standard appointment with your Realtor to talk over what has been happening with your home and your market. This should be something like every other monday at 1pm and also can be just over the phone or you have them report to you by email every week. Admittedly Realtors are very busy people but they should always be able to make time for you. You should have to hunt down your agent to tell or ask them anything cause you know you will be talking to them Tuesday at 2pm.
Secondly Realtors do not believe in placing ads in newspapers because they do not acquire serious, ready, willing, and able buyers. Buyers who are ready to buy are riding around the neighborhoods that they are interested, working with Realtors, and searching the internet for the home of their dreams. Newspaper ads generally just get curiousity calls, these people arent actively looking they see the ad and are curious so they call. And anyone who cant actually buy your home is a waste of time. Thats not excusing him for lieing to you but generally Realtors only run newspaper ads for the open house on your home.
As one of the other answerers said you can find you another Realtor and that will eliminate you from that 120 day clause. That clause was put in for sellers who want the Realtor to do all the work and then go around them at the end of the contract and not pay the commision. If you find another contract then you should be fine. Hope I helped. |
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blog.calljoey.com
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I am very sorry for your frustrations, the top complaint I hear about agents is lack of communication. Sounds like there are a few more problems then just that.
The listing agreement you have with him will dictate exactly what you can and can't do. I would recommend to get legal advice, I can tell you what our standard contact says in Northern Va. In VA once the listing agreement has expired the relationship is done except for one thing. If the owner sells it directly to a person who looked at it during the agreement then a commission is owed to the previous broker.However, if the property is listed with a new broker the new broker only will be paid commission.
Most likely none of those people are coming back anyway except the most recent ones.
I hope that helps. |
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jess_ls04
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Ask him to show you the ads. Ask him what the problem is, and why he isn't staying in contact? Ask him to show you the records for everyone who has seen the house. Get to the bottom of this! Does he have a manager? |
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Expert Realtor
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Read the contract carefully. I am VERY familiar wth Remax contracts.
The clause says that if you sell your house at the end of the contract within 120 days, he gets the commission...UNLESS you are under contract with ANOTHER REALTOR.
This is a common clause, and I have it in my own as well...the real reason Realtors have it in there so you don't worth with someone and then they "work" with the buyers to cut the Realtor out of the deal.
If you plan to do FSBO instead of signing with someone else, if someone looked at the home during that time frame, then he is entitled to the commission because he was the precurring cause of the sale. |
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John M
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Just list with another realtor or do a FSBO and ask anyone who offers if they have seen the house through him. If so, have he and the current realtor, or yourselves, work out a deal with this guy. Use his lack of advertising as negotiating leverage if he talks tough. Mention the license review board might want to know about his advertising promises vs actually placing the ads. That will quiet him down. |
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Christiane
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Make an appointment and go and talk face to face. Ask him for his opinion as to why the house has not sold. Ask what other ways, besides newspaper ads, he has to market your house. Ask what things you could do to make your house more appealing to buyers. If you are not satisfied with his responses then allow the contract to expire and interview your next agent in the same way.
Your other recourse is to talk to the agent's boss, the broker, or voice a complaint with the Board of Realtors. |
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C K
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Write a letter to his Broker withdrawing your contract and list with someone else. If the Broker doesn't want to release you from the contract, then tell them that you will go to the Board of Realtors, whichever is their board. The Board will take your complaint and give the Agency time to respond and show proof of your advertising by that agent. Just merely threatening the Broker with going to the Board should scare them enough to let you out of your contract.
Good luck,
Crissy Kremin
Coldwell Banker
Vernal, UT |
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Brian A
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Let the contract expire and don't worry about the 120 day clause. The clause should specify that the agent is owed the commission if anyone that was shown the house BY THE AGENT buys the house. Not if they saw an ad in the paper or drove by and saw the sign. To me this seems fair.
So, have you had many showings or any offers? Are the other houses in your area moving quick? I think there really is only so much an agent can do in a slow market..
As somebody who purchased a home recently, the MLS listings online were WAY more important than newspaper ads. We hardly bothered with the paper because the same information (except for FSBO's) was available online with much greater detail. I guess what I am saying is if he didn't post ads it isn't any big loss although he shouldn't lie to you about it either. |
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mateomortgage.com
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I would contact the broker in the office. Most agents have a designated broker that you can contact about complaints and issues with the sale. You may be able to get something from the broker in writing stating that no commission is due if someone that looked at the house buys it within the 120 day period. I would also contact the Realtor association the agent belongs too and file a formal complaint. Realtors are required to take and ethics course and if the Realtor was lying about ads and cannot produce an invoice or a copy of the paper the ad was in then this is a major violation. |
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ga.peach67
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Fire him. He hasn't done his job and tell him so. There are a million real estate agents out there who will work harder for you. Good luck! |
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Martini Babee
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Obviously you don't have any buyers, otherwise he would have jumped on it and sold your property. A real-estate agent needs to work for his commission in this market. Depending on your agreement, if the contract is up you can list it with another real estate agent. He should provide you a list of the people he's shown the house to and then you'll know who the buyer is and whether he gets a commission or not. |
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Calm
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If you can prove that he reneged on the contract then the contract is null and void. You might want to contact your local county office for guidance. |
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Bob D
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Fire him. Ask him to show you the billsfor the ads. Then report him. since he did not do his due diligence on performing the contract, he is hoping you will get another RE and maybe have to pay him. You may want a RE lawyer. His contract about the 120 days is invalid as he already violated contract. I woudl aslo report him to the local real estate board/state banking commision. |
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floridadiesel
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If I were you, I would bang my head against the wall for being so stupid for signing that contract. Once you have lost approximately 2 quarts of blood from blood from doing so, sit down and enjoy an ice-cold Dale's Pale Ale. You will enjoy how alcohol hits you harder with less blood in your body. Once you remember that you signed a listing agreement that you can't do anything about and owe the Realtor commission, repeat head banging procedure and enjoy your beer. Hope this helps. |
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hollywoodmelody
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Ask to meet with him and his broker at their office. Explain your complaints and let them know that you are also contacting the Board of Realtors for misrepresentation. Neither the agent or the broker will want anything said to the boardbecause it goes in each of their files, and the board reviews each and every complaint. You can also take the agent and his broker to court for unethical and moral reasons. |
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noreneol
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Sounds like another crook. Get rid of him and try selling the house yourselves. |
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russ_passage
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Run your own ads and confront him if you find out your getting responses. The 2 times I have dealt with agents (both times buying) I have been completely unimpressed at the level of professionalism witnessed. |
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helprhome
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Talk to the manager or broker of the office and get them to release you from that 120 days contract clause and cite the non-performance as the reason. Then call a Remax agent and let them get the job done. The paperwork they bring you will explain that they are the most experienced in the business, while the market is down we are still selling houses all over the world! Good luck. |
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