Bad real estate agent...need advice (broker, house, buyer)

[rholloway]

I have my house listed with an agent. She has only shown the house 2 times in 8 months. She's very slow to respond when I've asked questions etc. I've asked her to reduce the price and she still hasn't updated information regarding the house on her website. If I take my house off the market or cancel my contract with her..how long would I have to wait to relist with another agent in Kentucky.

[tomocox]

Originally Posted by rholloway

I have my house listed with an agent. She has only shown the house 2 times in 8 months. She's very slow to respond when I've asked questions etc. I've asked her to reduce the price and she still hasn't updated information regarding the house on her website. If I take my house off the market or cancel my contract with her..how long would I have to wait to relist with another agent in Kentucky.

Simply ask the agent if you can be released from your contract. Some firms will do that simply and you can relist immediately. Worst case, you can relist now with another firm, but the listing won't be effective until the current listing expires. You might also ask the broker to assign a different agent from his/her firm. That is the best solution since the broker "owns" the listing by Kentucky law.

[rholloway]

I will asked to be released. She's the only agent with her firm so I wouldn't be able to request a different agent. I have a feeling she isn't going to release me from my contract as easily as another firm would...but I can try that. I considered telling her that I was taking it off the market and then relisting but that just seems dishonest on my part...and I'm sure there's a waiting period before I can relist. I'm just so frustrated. I appreciate your advice:-)

[tomocox]

Originally Posted by rholloway

I will asked to be released. She's the only agent with her firm so I wouldn't be able to request a different agent. I have a feeling she isn't going to release me from my contract as easily as another firm would...but I can try that. I considered telling her that I was taking it off the market and then relisting but that just seems dishonest on my part...and I'm sure there's a waiting period before I can relist. I'm just so frustrated. I appreciate your advice:-)

Several issues in your post. Won't know until you ask. You might offer to pay for any advertising she has done. You are bound to this "employment" agreement for the entire listing period no matter if "on or off" the market. It's not a matter of dishonesty, its a matter of contract law. You can relist immediately with another member of the local Realtor's association immediately after the expiration or cancellation of your listing contract. KY law now allows you to list with another broker while another listing is in effect, the new listing can not be simultaneous, so it will become effective immediately on the expiration of the current listing agreement.

Now, all that being said, you may contact, but other brokers/agents may not contact you during the listing period for the purpose of listing your property. I would contact two or three local firms, ask them to give you a price opinion for your property. I would bet you that your home is overpriced, but it simply may be the lack of the agents enthusiasm, too.

What part of the state do you live in?

[LEXpert]

Good advice by Tomocox. IF she gives you any trouble, you may want to let her know you don't mind calling the Kentucky Real Estate Commission, who may just fine her and/or make her do some CE hours if you can document that she has been slow to reduce the list price after being asked. That may do two things: 1) Let her know you mean business and 2) make her want to run from you as fast as she can! Best of luck. There are good agents out there. I hope you get a good one this time :-)

[Bpetrey]

I also agree. Make sure you file a complaint with the ethics board of the state or at least threaten the agent with that if the agent does not comply or improve service. You're off to a good start by posting about the problem, but I'd also start posting in other places too, such as activerain.com, outrageousagents.com, trulia.com, zillow.com, etc. I'd post your situation and give her name too. The more public you make this problem, the faster he/she will want to solve it. Sounds like too much damage and ill-will has occurred to salvage this situation. A cancellation of the contract is probably your only desired result. If so, I'd start looking for your next agent. You can do your homework when interviewing your next agent and hopefully it will pay off with a quicker sale. You can find information about how to interview, research and hire your next agent at AgentHarvest - Tips For Finding The Best Real Estate Agents. Best of luck with your situation and remember that right now it's your problem. You need to be devoted to making it his/her problem too. You want to make that agent want to get rid of you more than you want to get rid of him/her. Be vocal. Best of luck Bill Petrey Find The Best Real Estate Agent in the Dallas / Fort Worth, Texas Area

[tomocox]

Originally Posted by Bpetrey

I also agree. Make sure you file a complaint with the ethics board of the state or at least threaten the agent with that if the agent does not comply or improve service. You're off to a good start by posting about the problem, but I'd also start posting in other places too, such as activerain.com, outrageousagents.com, trulia.com, zillow.com, etc. I'd post your situation and give her name too. The more public you make this problem, the faster he/she will want to solve it. Sounds like too much damage and ill-will has occurred to salvage this situation. A cancellation of the contract is probably your only desired result. If so, I'd start looking for your next agent. You can do your homework when interviewing your next agent and hopefully it will pay off with a quicker sale. You can find information about how to interview, research and hire your next agent at AgentHarvest - Tips For Finding The Best Real Estate Agents. Best of luck with your situation and remember that right now it's your problem. You need to be devoted to making it his/her problem too. You want to make that agent want to get rid of you more than you want to get rid of him/her. Be vocal. Best of luck Bill Petrey Find The Best Real Estate Agent in the Dallas / Fort Worth, Texas Area

BE EXTREMELY CAUTIOUS ABOUT NAMING NAMES. IF YOU ARE NOT VERY CAREFUL, THE AGENT COULD PROVE THEY ARE IN LEGAL COMPLIANCE AND YOU COULD BE GUILTY OF DEFAMATION. You could be absolutely right in theory and lose it all in practice. Just name those involved in your formal complaint process. Don't air dirty laundry until you have a conviction.

[BuckeyeBroad]

Is there no "failure to perform" clause in KY RE law? A contract usually contains conditions which are to be met by both parties. Not to stir the pot --- just if being nice doesn't work.

[tomocox]

Originally Posted by BuckeyeBroad

Is there no "failure to perform" clause in KY RE law? A contract usually contains conditions which are to be met by both parties. Not to stir the pot --- just if being nice doesn't work.

While your point makes perfect sense in theory, what is the standard of performance? Many times in my past, I have advised sellers to list their property several thousand dollars below what they eventually listed with another broker, only to see the property sell many months later below the price I recommended. Who was wrong? We all were. So determining performance is a mighty hard target to nail down.

We must also remember that we don't know the discussion had between the seller and the listing Realtor/Broker. There are just too many what if's in this thread to judge fault with positive certainty.

[chele11]

From a buyer/seller perspective and one who works continually with agents, I'd first read your contract with her. I've never seen a listing contract longer than 120 days. Some don't even have a length of time on them (I found that odd!)

Tomocox: It's a free country. If the OP states facts, even putting the agent's name would not be defamatory, but simply evidential.