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Old 11-02-2008, 03:43 PM
 
Location: Where I want to be!
6,196 posts, read 3,335,774 times
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If you are told your agent maybe leaving the business before your contract is up are you obligated to stay with the broker? Or can you change to another company?
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Old 11-02-2008, 03:45 PM
 
Location: Salem, OR
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Your contract is with the brokerage, so you need to stay. I would still talk with them about being released if that is what you want.
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Old 11-02-2008, 03:46 PM
 
Location: Cary, NC
19,701 posts, read 31,496,365 times
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Quote:
Originally Posted by the painter View Post
If you are told your agent maybe leaving the business before your contract is up are you obligated to stay with the broker? Or can you change to another company?
If you have an agency agreement, the legal answer is probably in it.

It is common that the agreement is with the firm, and the agent is representing the firm.
The firm may well waive the contract and allow you to continue to work with the agent.
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Old 11-02-2008, 04:01 PM
 
Location: Where I want to be!
6,196 posts, read 3,335,774 times
Reputation: 2556
Well I can't seem to lay my hands on the agreement, I know it is here some where. Anyway my agent may be getting out of RE completely and I am not thrilled with the office as a whole. So if he does leave I will attempt to get out of the agreement and change firms. There is no way no how will I do a FSBO! Thanks for the info.
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Old 11-03-2008, 06:55 AM
 
Location: Venice Florida
1,381 posts, read 3,674,703 times
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I can't image that the broker would hold you to the contract, but stranger things have happened. Let the office know that you want to withdraw your listing.

You might want to check out the other agents in the office, the truth is that it's the agent not the office that you will be dealing with and your opinion of the office may be colored by the agent you've dealt with so far.
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Old 11-03-2008, 08:10 AM
 
1,151 posts, read 1,894,777 times
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If you do change offices, remember this experience and don't sign a contract that protects only the broker. You should be able to terminate if you are dissatisfied with their services. If they won't go for that, you're stuck trying to think up all of the reasons that might make you want to leave, and writing those in as reasons to terminate. Of course, you won't think of everything, which is why a blanket termination right is better.

Also, it is not unreasonable to specify the services that you want. You may want the new agent to come up with a specific marketing plan and discuss it with you, revisit it monthly, report weekly / monthly on marketing activities and leads, etc. All of these things are reasonable expectations. But typically the only real requirements on the agent are very subjective ones such as a requirement to use good faith efforts to try to sell your home.

If you sign a contract without any objective requirements, then you only have yourself to blame if the agent doesn't meet your expectations.

Good luck!
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Old 11-03-2008, 08:18 AM
 
Location: Central Texas
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The listing agreement, as said, is with the broker, not the agent. However, most brokers don't want an unhappy client, though they may suggest that you speak to another agent in the office and see if you like them better. If you have good reasons for not liking the office in general, it would be a good thing if you politely shared them with the broker.

If you decide to terminate the listing agreement, there may be a clause in it (I don't know what the Florida listing agreement contains, obviously) that has a "protection period" meaning that if you sell the house to someone that was shown the house during the period of time of your current listing agreement, the broker is owed the commission because they were the procuring cause of the person knowing about the house in the first place.

Our office has a document, separate from the listing agreement, which specifies what we agree to do, that is signed by all parties (seller, agent, broker). If we don't do it, we agree in writing to release you from the listing if you wish. If you change brokers, you might want to ask brokers you're interviewing if they provide something similar.
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Old 11-03-2008, 08:38 AM
 
Location: Where I want to be!
6,196 posts, read 3,335,774 times
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Thanks for the info on the listings agreement and such. There are a couple of things that bother me with the agency. The main thing is the broker himself, ex: agent needed to talk with him about a problem we were having awhile back and it took over a week for my agent to get a meeting with the guy. My agent ended up talking to a attorney to get answers. I take it he's rarely in the office, who knows maybe he is semi-retired, and the other thing is trying to get ahold of someone on the weekend. You call the office and you go to voice mail, no one is ever ever there on a Sat. and during the week the receptionists never knows when the agents are in or out and the sign in board is right behind her. My agent on the other hand is great and I refer to him all the time, he is the only reason I have stayed there.
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Old 11-03-2008, 10:42 AM
 
192 posts, read 392,973 times
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Hi -
I just spoke with my sister in FLA. There is a "blank" on the listing agreement which has been filled in regarding your penalty for cancelling. She said in can include advertising, and some agents even fill in 6% commission!! Her suggestion is - if you can't find your copy - go to the office and ask to see your listing agreement. Get a copy and take it from there. Her concern is that a broker who is unavailable to their agents, and doesn't provide better communication than you mentioned may be one of those who is out for the $ only. You do have rights - don't be intimidated. FYI - an agent rescently left our office, and even though the listing is with the broker, she was allowed to take her listings with her. Any good broker doesn't want to keep unhappy clients. It is, after all, your life, your home and any broker who does not respect that is doing you, and our profession a HUGE disservice!!
Good luck - I hope to heaar that this works out well - and easily!!!
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Old 11-03-2008, 12:17 PM
 
353 posts, read 637,653 times
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Listings agreements are between offices and sellers (ABC Realty and Joe Seller). The individual agent is then affiliated with and works under the license of the Broker/owner of the office.

If the agent leaves the office, the listings is still the property of the listing office. If you want a release from the contact, check with the Owner/Manager of the office. Decisions on and provisions for a release vary from Realtor to Realtor.

This is why at closing the commission check is written to ABC Realty, and ABC splits the commission with the agent.
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