What about a realtor (agents, agreements, terminate, buyer)

[Silverfall]

Originally Posted by Austin-Willy

This is a difficult issue -- one that unfortunately is not given the proper attention at the outset of the relationship. And since the agent provides the contract, that usually means there is no enforceable standard of performance and therefore very rarely a clear default that would give the owner the right to terminate before the end of the term, even if the agent is completely negligent.

I agree that the ideal result would be somewhere in the middle. Which is why I have advocated putting clear, objective, specific requirements for the agent's conduct in the listing agreement. This way, the agent knows what is expected, and the owner knows that if the agent doesn't perform as required, the owner can move on to a different agent. But unless the parties want to go to the trouble of spelling out the performance criteria, from a consumer's perspective, the unlimited termination option is preferred to the current setup.

If we are at the point that clients need to write into our contracts "agent will not give out lockbox code to buyers to enter home unattended" then we just need to disband the profession.

I agree that having things like "MLS entry within 24 hours, etc" is a good idea and I have that in my contracts, but I think there are some basic common decency expectations that are just understood.

[Brandon Hoffman]

Originally Posted by Austin-Willy

Which is why I have advocated putting clear, objective, specific requirements for the agent's conduct in the listing agreement. This way, the agent knows what is expected, and the owner knows that if the agent doesn't perform as required, the owner can move on to a different agent. But unless the parties want to go to the trouble of spelling out the performance criteria, from a consumer's perspective, the unlimited termination option is preferred to the current setup.

I actually have a "Guaranteed Service" form that we do at the time of listing. It outlines what, when, and how often I'll do things. If I don't live up to that service then the seller may cancel the listing agreement with written notice.

[palmcoasting]

You can't do that in my area. The 'code' is via a redisafe key...you have to have that in order to get in. And the method of getting the lock off the door is different than just opening the device in order to get the key.
I'm assuming that the OP wasn't home but learned about the instance later. If they were home you are correct in that they should have just taken the key back. Solves that problem immediately.
Regardless of what the contract says, I don't know of any association that endorses such behavior. A call and filed complaint to the association would put a stop to the practice and they would get the OP out of the contract.

[TexasHorseLady]

We do have a form that spells out what the seller can expect from us in the way of specific performance (including such things as how often they'll receive a report, how quickly a call will be responded to, that kind of thing - those are negotiable as how often a seller wants to be contacted varies drastically from seller to seller). It's got a place for the broker, the agent, and the seller to sign, as well, so that all parties understand, and it states that if the seller is not satisfied that the agent is fulfilling those items, that they inform the agent and/or broker and the agent has 10 days to come completely into compliance. If not, then the seller is out of the listing agreement.

In practice, if a seller is unhappy and we can't make them happy, we don't want an unhappy seller, and there is a form promulgated by TREC that can be used to terminate the listing agreement.

However, handing out the code to a lockbox to all and sundry is not something that's covered on there because that's so far off the map as to be in the "Here there be dragons" portion. I'm boggling at the liability issues concerned and that an agent would even think of doing such a thing.

Makes me glad we use the kind of lockboxes here that you have to have a special key to access and that show who entered the lockbox when.

[CAugust]

crappy agent - I dont care if its in a listing agreement or not - he or she is inviting anyone - murderer, rapist and thief into the home - i hope you got rid of him or her immediately - what do you mean he would NOT let you fire him?????????????????????

[sunny57]

Originally Posted by zippy622

That sends buyers (without representation) to your house & gives them your lock box number! Then he wouldn't let me fire him for it. Talk about jeapardizing my property and my family! I could not believe anyone with half a brain would do this.

Dangerous ...take your complaint & listing agreement to the actual broker...under these conditions I can't see the broker would object to a request to terminate.

What a nit-wit...Sunny

[Austin-Willy]

Originally Posted by TexasHorseLady

We do have a form that spells out what the seller can expect from us in the way of specific performance.

Are you saying that you use this form in each of your representations? It sounds to me like you have other forms, too, that are more vague. Why use those? It is a disservice to uninformed people out there. And if you claim to always use the specified performance criteria forms, you are the exception rather than the rule in these parts.

Originally Posted by TexasHorseLady

In practice, if a seller is unhappy and we can't make them happy, we don't want an unhappy seller, and there is a form promulgated by TREC that can be used to terminate the listing agreement.

If you let any principal who is unhappy out of the listing agreement, why not just include a simple statement that the principal can terminate at any time for any reason?

[middle-aged mom]

Originally Posted by Austin-Willy

If you let any principal who is unhappy out of the listing agreement, why not just include a simple statement that the principal can terminate at any time for any reason?

My listing agreement does just that. It's probably the most invoked clause in the current market as many homeowners come to terms with not being able to get what they need or want out of the sale of thier home. And yeah, it's money down the drain. On the other hand, why take a listing unless the owner is motivated to sell?

[Rakin]

While we let out sellers out of any listing agreement, there is a time when you just can't void the agreement.

If I have your home under contract and we're headed to closing, I certainly would not want the seller terminating the listing agreement that spells out payment and representation.

Another point... We us a Listing Agreement, while it is a contract it's pretty much an agreement that works between the 2 parties. If one party is not happy (includes us) the agreement can be terminated.

[middle-aged mom]

Originally Posted by Rakin

While we let out sellers out of any listing agreement, there is a time when you just can't void the agreement.

If I have your home under contract and we're headed to closing, I certainly would not want the seller terminating the listing agreement that spells out payment and representation.

Another point... We us a Listing Agreement, while it is a contract it's pretty much an agreement that works between the 2 parties. If one party is not happy (includes us) the agreement can be terminated.

Good point of clairification. Once the listing is under contract, there is no walking away. Can you imagine?

I like the way you defined agreement. It's a keeper.