{"id":737,"date":"2006-12-06T11:10:22","date_gmt":"2006-12-06T18:10:22","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=737"},"modified":"2006-12-06T11:22:07","modified_gmt":"2006-12-06T18:22:07","slug":"ask-the-broker-can-i-cancel-my-listing-agreement","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/737\/ask-the-broker-can-i-cancel-my-listing-agreement\/","title":{"rendered":"Ask the Broker: Can I cancel my listing agreement . . . ?"},"content":{"rendered":"

I am currently in a contract with an agent who is not only disappointing me with her lack of enthusiasm and professionalism, but seems to be giving up on my house as well. She keeps saying she doesn’t know what else to do, short of lowering the price of the house dramatically, which I’m not willing to do — we’ve already come down by about $100,000 — not sure we can go much lower than that! So if we’re mutually unhappy\/dissatisfied with the arrangement, what are my options? Do you think it will be easy to “legally” get out of the contract? I have a few more months left, but I am hoping to get out ASAP. I really feel that listing with her is a waste of time. What do you think I can do, and is this a common situation?<\/p><\/blockquote>\n

Very common situation right now, I’m afraid.<\/p>\n

I’m going to assume you signed an Exclusive Representation contract, a normal listing agreement. Unless there is explicit language in that contract providing for unilateral cancellation, it can only be cancelled by mutual consent.<\/p>\n

As a matter of course, all of our employment contracts include this language<\/a>:<\/p>\n

This agreement will be terminated without recourse upon written notice by either party.<\/p><\/blockquote>\n

If you’re done with me, I’m done with you. Another way of doing something similar is a buy-out clause: You can unilaterally cancel upon payment of a contract buy-out fee. That may seem unfair, given that your house hasn’t sold, but your agent went out of pocket on the listing expecting to have six months (or whatever) to recoup that investment. For my own part, I don’t want to take your listing unless I’m convinced I can hang a “SOLD!” sign within a month.<\/p>\n

But there may be a way out of this labyrinth. My very first listing cancelled on me. I went to my broker at that time and said, “The seller wants to cancel, but it’s your listing contract, not mine. What do you want me to do?”<\/p>\n

And the answer he gave me was beyond wisdom, in essence a one-sentence encyclopedia on how to run a Read more<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

I am currently in a contract with an agent who is not only disappointing me with her lack of enthusiasm and professionalism, but seems to be giving up on my house as well. She keeps saying she doesn’t know what else to do, short of lowering the price of the house dramatically, which I’m not […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[12,6,5],"tags":[],"class_list":{"0":"post-737","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-ask-the-broker","7":"category-marketing","8":"category-real-estate","10":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":760,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/760\/ask-the-broker-can-i-call-the-listing-agent-on-the-carpet\/","url_meta":{"origin":737,"position":0},"title":"Ask the Broker: Can I call the listing agent on the carpet . . . ?","author":"Greg Swann","date":"December 12, 2006","format":false,"excerpt":"I made an offer for a listing that stated the place has \"brand new carpets\" (not newer or new, clearly \"brand new\"). I found out after asking many times and when it didn't make any difference money-wise that the carpet was installed when the seller moved in which is 1.5\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1011,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1011\/ask-the-broker-what-do-we-do-if-we-cant-find-the-listing-agent\/","url_meta":{"origin":737,"position":1},"title":"Ask The Broker – What Do We Do If We Can’t Find The Listing Agent?","author":"Doug Quance","date":"February 7, 2007","format":false,"excerpt":"We (my fiance and I) put in an offer on a condo priced way below market, and the seller would like to take us up on the offer. However his agent is absent, disappeared w\/o a trace. The seller is bound by contract to his listing agent. Since our agent\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":463,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/463\/blogoff-post-86-ask-the-broker-what-does-pre-qualification-mean\/","url_meta":{"origin":737,"position":2},"title":"Blogoff Post #86: Ask the Broker: What does pre-qualification mean…?","author":"Greg Swann","date":"September 26, 2006","format":false,"excerpt":"This is a question I'm hearing every day right now:What does pre-qualification mean?Why am I hearing that question? Because I'm representing the seller in a house that is not closing, day after day. So what does pre-qualification mean? Nothing. What does loan qualification mean? It means the buyer has paid\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1999,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1999\/ask-the-broker-how-can-the-seller-paying-the-buyers-brokers-commission-be-fair-to-the-seller\/","url_meta":{"origin":737,"position":3},"title":"Ask the Broker: How can the seller paying the buyer’s broker’s commission be fair to the seller?","author":"Greg Swann","date":"October 3, 2007","format":false,"excerpt":"Here's a truly fascinating question from an agent working in Nassau County, Long Island, New York. The idea of buyer brokerage is just being introduced there, and our interlocutor is understandably mystified:I am a bit confused, to say the very least. If I write up a listing contract with a\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":403,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/403\/blogoff-post-26-if-the-buyer-has-no-agent-what-does-the-listing-agent-get-paid\/","url_meta":{"origin":737,"position":4},"title":"Blogoff Post #26: Ask the Broker: If the buyer has no agent, what does the listing agent get paid . . . ?","author":"Greg Swann","date":"September 26, 2006","format":false,"excerpt":"This question came in earlier today. It's actually pretty simple, if you're an insider, not so simple if not:I am selling my house with one agent and the buyer does not have any agent. My agent brings the buyer and they put in an offer. How much commission will I\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":509,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/509\/ask-the-broker-is-a-buyers-agent-like-a-bad-penny\/","url_meta":{"origin":737,"position":5},"title":"Ask the Broker: Is a Buyer’s Agent like a bad penny . . . ?","author":"Greg Swann","date":"October 4, 2006","format":false,"excerpt":"When is a Buyer Broker Agreement abrogated, anyway?Is there a law stating that once your contract with your realtor is up that you must include them on the deal of the purchase of a home that they showed you?No such law. Feeling relieved? You can stop that right now. For,\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/737","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=737"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/737\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=737"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=737"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=737"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}