Breaking up is hard to do. Here are a few tips to use when you and your real estate agent are not seeing eye to eye and need to part ways.
- Put the dissolution in writing.
Remember, everything should be in writing. Verbal agreements agreed to after signing a contract are not valid unless they are added to the contract and signed by all parties.
Always put everything in writing and make sure you have a copy signed by both parties. Remember, verbal agreements after the fact do not undo what was written.
Copyright 2009 by Nob Mouse
- Do it before the relationship gets to the point where there is hostility or the threat of lawsuits.
Don’t let it get to that point. You’ll know deep down when it’s time. You may be afraid to do it, or dread the process of starting over, but it’s far better to listen to your own instincts and do it while it can still be done peacefully and amicably. It’s not as hard as you think. It’s quicker for a new agent to come and relist your home than it is for your home to sit on the market for weeks without showings. Seriously, it is not difficult or time-consuming. You lose more time sticking with an agent who is not moving your property. - Make sure you understand any penalties you may incur and if there are any restrictions on selling with another agent. It’s common that they get commission for a certain number of months on a client they brought to your house, but not forever. It’s usually around 3 months. Of course, this is something you should have checked beforehand. Always read your listing contract carefully and don’t be afraid to ask questions or ask for certain items to be modified or removed.
Make sure you understand if you owe your agent any type of compensation or penalties.
Copyright 2001 by 401(K)2013
- Contact the agency's broker/owner.
If you are having problems canceling with the agent, ask to speaker to the broker/owner. Perhaps they have no idea what is going on. - If this doesn’t work, which is rare, consult your attorney.
You should always have an attorney when buying or selling a home. If you tell the broker you would like to resolve this or will have to consult an attorney, they will usually oblige.
While rare, you may sometimes have to contact an attorney, which you should already have if you are buying or selling a home.
Copyright 2007 by Nadbasher
- Read your contract so you know what you agreed to and what the penalties are, if any. There shouldn’t be any. In other words, go in as well-prepared and educated as possible. Of course, you should have read this thoroughly before signing.
- Know when your contract ends.
If it’s only a couple weeks away, let the contract expire and tell the agent you do not wish to re-list. No termination agreement is needed. I always recommend signing a 3-month contract, as opposed to one that’s 6 months or longer. This way, if it doesn’t work out, you may not have to terminate, but rather just not renew. - If you do decide to part ways, you will basically sign a termination agreement.
Just make sure, as with anything you sign, to read it very carefully. Make sure you are not being charged any unnecessary fees that weren’t stated in your original contract and make note of the length of time the agent is entitled to a commission for clients that agent brought in while serving as your agent. It shouldn’t be longer than 3 months. If you don’t agree with something, don’t sign it and discuss it with your attorney. - Go in when you are calm.
Come prepared with a list of reasons why you are dissatisfied. Anything you have in writing is great -- emails, phone records, texts, etcetera that illustrate what the agent promised and then didn’t do. Also, save any voicemails if you have them.
While you should always keep records, sometimes people get busy and start slacking on this task. However, if you ever start to feel like your relationship might be headed downhill, make sure to be meticulous about keeping track of everything.
I know it's so much easier said than done, but try to remain as calm as possible. You will be much more effective in explaining your position when you can think clearly.
Copyright 2012 by Moyan Brenn
Also, keep a log of everything you do involving the house, such as “Called Agent John Doe to tell/ask him …” Note the result. Record all showings. These are just a few examples, but record and document as much as you can. For example, if you are complaining that your agent never called or kep
t in touch, print out your phone records to show that you called but never received return calls. If your agent agreed to a certain marketing plan and is not following through, bring written documentation of that agreement.
Be prepared to show how you did what you were expected to do. Did you make your home easy to show? Did you keep the home clean and in showing condition? Did you follow the agent’s recommendations, such as staging or maybe taking down some personal photos? Did you try to be out of the house for showings and open houses? Did you communicate effectively by being specific with you agent about what you wanted? Did you mention to them when they weren’t doing what you expected and give them a chance to fix it? Did you return their calls? Are you being realistic? For example, in a slow market, you can’t expect your home to sell in a week or two.
If you try to catch problems early, you may be able to salvage the relationship. However, sometimes it's just not a good fit. But bringing up the issue earlier, rather than later, will at least help to end it on a more positive note.
What’s next? Despite popular belief, it is not difficult to start over. In fact, your new agent will be eager to win you over and will go out of his/her way to make the transition as easy and smooth as possible. You shouldn’t need to do that much more work once you know who the new agent is that you want to use.
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