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Old 04-13-2013, 09:13 PM
Location: GIlbert, AZ
3,022 posts, read 4,404,972 times
Reputation: 2047


Originally Posted by Silverfall View Post
That isn't how it works. At least in my state, you have to write on the complaint which law the agent has broken. Most complaints are dismissed so it isn't an issue for agents to "deal with" because craptastic marketing isn't against the law.
Maybe not but Im willing to bet an agent would rather just cancel the listing than deal with this. Also, what about getting in touch with the agents boss, the broker, assuming that the broker isn't also the agent.
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Old 04-13-2013, 09:19 PM
Location: GIlbert, AZ
3,022 posts, read 4,404,972 times
Reputation: 2047
In most situations, if the listing agent isnít doing a good job but thereís still time left on the agreement, you should simply tell the agent itís not working out. A good, fair and honest agent will apologize for not meeting your expectations and will agree to release you from the agreement ahead of schedule. The agent doesnít have to do this, but it would be ridiculous ó not to mention counter productive ó for an agent to insist on enforcing the agreement when the client isnít happy. It does happen, however. Usually the seller responds by no longer agreeing to open houses or considering offers from the agent.
Zillow Blog: Brenden Desimone
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Old 04-13-2013, 10:19 PM
Location: Alaska
89 posts, read 171,251 times
Reputation: 43
I am in the Mat-Su Valley.
The broker is the agents spouse.

We spoke with them tonight (well, left a message and received a response) about the lack of pictures again. They are thrilled that we have had 2 showings this week (total showings in the entire month as well). The special sign was mentioned. I have to say, I don't get the sign. We are at the end of a cul de sac, we do not get drive by people. Why would you pay for a sign to highlight the front when the front isn't on the listing. I am so confused.

If pictures go up within the next 48 hours, we will ride it out a bit longer. No pictures, I probably will bail on the realtor.

I don't know what we will do after that, but sitting on the market without marketing seems stupid.
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Old 04-14-2013, 10:31 AM
397 posts, read 494,803 times
Reputation: 210
Originally Posted by theteardrop View Post
I have posted before about the issues I am having with my selling agent. So now I am to the point I am really considering switching, if I can.

When the house was listed, I was out of town. We had met multiple times with the agent and did all the recommendations they stated. However,when we finally wanted to sign, I had to go out of town. I specifically told my husband to not sign a long contract and find out ways we could end it. I have had trouble before with every agent I picked, so I thought it best to make sure we were able to change. Well, long story short, he did not even pay attention to how long the contract is for.

Now, I am sitting here. I have had 2 showings in the month. Please don't suggest price reduction because we are well below comps. The price was set after talking to multiple agents and following their guidelines. The issue to me is that no one can see what our house is like because the listing has 4 pictures, all of the back of the house.

My question now is, since I didn't sign anything, would it be easier to change realtors? I was gone. My husband has no clue about what he signed. The only marketing I can see is that it is listed on the mls without any pictures that would make me even consider looking at the house. (Lack of interior pictures make me feel like someone is hiding something). Yes, I have communicated. Nothing has changed.

Am I just stuck now? I know the recommendation was to talk to the broker...yeah, well that person seems to be married to my agent. So that has not gotten me far either. I really thought I had interviewed and asked great questions. I guess I am not good at selecting realtors.

1) Get a copy of the contract, dont know how you could be weeks into this issue and not even know the duration of contract? If they refuse to give you a copy, document it in writing.

2) Read your contract and determine if you have an out. If there is no clear "out" would meet with agent and broker and explain concerns regarding lack of marketing.

3) Ask them if they have a limit on pics, perhaps they went for the basic MLS option that only allows a few pics? Tell them you are unhappy and want out. Find out if your state allows audio taping of conversations. If your state is a one party consent state, you can record the conversation without their consent (knowledge) assuming you are part of the conversation. Use your smart phone. Would follow up all conversations with an email to create a paper trail. Would send them an email today summarizing the events related to listing and your repeated requests for more picture

4) If they refuse to let you out of contract, you need an attorney (which I think everyone should have before signing contracts like this). I would threaten to complain to your states RE Commission (not to be confused with the RE Association which is a PRIVATE association representing the interests of agents).

5) It is possible that your home is overpriced, just b/c numerous agents recommended the price, doesnt mean that it is priced right.

6) If you have repeatedly asked your agent to post more pictures, I think it is reasonable to argue that their lack of appropriate marketing has caused financial damages. In this day and age, it is reasonable to argue that multiple exterior and interior pics are the norm. Just look at listings on any web site. Failure to do so could reduce interest and traffic. One of your agents primary responsibilities is to market your house, doesnt seem like they are performing their duty. This is a grey area to prove in court, thus the need to d/w an attorney.

Good luck.
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Old 04-14-2013, 11:45 AM
Location: California
4,452 posts, read 5,221,104 times
Reputation: 9214
^ Excellent Advice!

Another rep for you.

It would be less irritating and cheaper to just sell it yourself and cut out the middle sales man hassles.
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Old 04-14-2013, 12:06 PM
Location: northern va
1,557 posts, read 2,016,812 times
Reputation: 1333
excellent advice from RE Skeptic.
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Old 04-14-2013, 12:36 PM
Location: Gorham, Maine
1,819 posts, read 4,292,964 times
Reputation: 1240
I don't know about your state, but in Maine, if the client does not have a copy of all of the documents they sign at the time of signature, the agent has violated licensing law and will be fined $500 after a hearing in front of the real estate commission. That means if I sign at the client's kitchen table I bring 2 copies of everything and leave one or if the client is in my office I photocopy everything and make sure they leave the office with it. Another why we love DocuSign, all documents go right back to the client's e mail.

Check with your state's real estate commission and see if this is true where you live.
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Old 04-14-2013, 12:39 PM
Location: Gorham, Maine
1,819 posts, read 4,292,964 times
Reputation: 1240
One other thing. I can not pass in a new listing if all parties on the deed haven't signed the paperwork. I don't know if that is my company being smart or state law, but you should check into that as well.
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Old 04-14-2013, 12:49 PM
Location: Alaska
89 posts, read 171,251 times
Reputation: 43
Thanks everyone. As of last night they did add some pictures. One month later, but at least they are there now.

As for pricing, Most homes in my area go for about $121 a sq ft. My house is about 3400 sq ft and I have it listed at $325K. It has upgrades such as in floor heat, tile, close to town (not easy to find around here), end of a cul de sac that sits against state land, etc. When I had it up for sale 3 years ago, but had to take it off the market due to my husband losing his job, I had an offer above what we are currently asking. The market has improved since then and we have upgraded the floors and added a high end deck on the back. I actually went with the lowest suggested price for listing. If you look in my listed price range there is at least a 1000 sq ft difference.

I am not saying I wouldn't reduce the price. However, I feel like people avoided looking at it due to only seeing the back of the house. I would assume that something was wrong with it if it were me. Maybe this won't make a difference. Maybe it simply isn't my time to sell. Perhaps in my area 2 showings a month is a good thing. I have no clue. I do know that I find it unacceptable that my requests (being that it was simple) was repeatedly ignored by my agent.
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Old 04-14-2013, 04:10 PM
Location: Portland, Oregon
9,833 posts, read 16,039,018 times
Reputation: 6238
I think the Broker/Agent are much too passive, they don't appear to be smartly marketing your property.

The first thing I would do is to go on the internet and take a look at the displays for homes in your price range in your state and community. How does yours compare? If yours looks lame print out several that represent the work you expect from your Realtor and yours.

Then I would go into the Broker/Agent's office and ask to see the listing agreement, ask for a copy. Then I would lay down what you expect in the way of marketing your home and communications. Listen to their explanations then tell them that you will get back to them.

You may want to consult with an attorney who has handled real estate sales in your community to see if the listing agreement is defective. If it is then I would go back the the agency and terminate the agreement.

Now look at the Broker/Agent who your research shows are doing a good job. Talk to a couple, see if you would want to list with one of them. Ask each how they would market your home specifically. Discuss your communication expectations. Ask how many homes they have SOLD in the last 12 months where they represented the seller. I don't think Realtors want to hear how bad the current crew is but I think it is fair to be specific about your issues.
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