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Old 05-11-2007, 10:33 AM
34 posts, read 194,399 times
Reputation: 24


My house has been listed for a month - the listing is a disaster. The agent has pictures up from the previous listing of the home mixed in with only two current pictures. I bought the house last year - and we worked so hard on fixing it up. (Paint, ripped up carpet etc. etc. It looks like a whole new interior pretty much) Despite contact via email, and taking new pics myself and sending them to her....this is all I have after a month.

No one has come to see my home. It is priced comparatively for the neighborhood. I can only blame the listing at this point. Had the pics been stellar from the get go, and no one came, I would be thinking about lowering it slightly just to get out of here....but I cannot tell due to the awful listing I have.

I had worked with this agent before - I truly didn't think she would let me down, but she has. First, the listing just had an old shot of the front of the house. I told her to change it to a current pic. She puts up a pic of my living room ONLY no front. I complain again (nicely mind you, very very nicely.) After a few weeks, she switches it to one new pic of the outside, one inside shot and then the old listing pictures. Ugh!!

I hate conflict, and am so stressed out thinking about making the call to the agency.

Can you all please give me some advice? Who do I ask to speak to when I call. And what is the best way to completely get out of the contract? I don't want to use their company at all at this point..I want a fresh start elsewhere.

Thanks so much for your help! I am feeling so sick about this right now.
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Old 05-11-2007, 11:35 AM
Location: Nine Mile Falls/Spokane, WA
917 posts, read 3,608,041 times
Reputation: 599
You should call the agent's broker and talk with him/her about your dissatisfaction with your agent. This should be an easy problem to remedy - it sounds like maybe your agent isn't technically skilled as far as loading photos and making sure the info gets put into the listing properly. You may not be able to get out of the listing contract for this reason but you should be able to get results.
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Old 05-11-2007, 12:07 PM
34 posts, read 194,399 times
Reputation: 24
Thanks WendyK for posting. The realtor does know how to post pictures etc. - I don't think it is due to her lack of skill. I have no idea why she would do this. She had a month to make it right, and a month before I listed to prepare...so technically she had had two months to make it as it should be.

I have called the broker and left a msg. - when she gets back to me I am going to have her view the listing and all email correspondance, it explains everything.

I'm sure noone would want their property shown with pink walls, mint green carpeting and horrible window treatments - which is what the pics are showing..when in reality we have replaced everything and brought it up to date. This stinks!
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Old 05-11-2007, 12:41 PM
Location: Atlanta
738 posts, read 366,829 times
Reputation: 279
Your listing agreement with her broker should have a termination agreement in it that allows you to cancel the listing with written notice to the broker. Look at it carefully, find the exact language, then send the broker a letter and get a copy of the signed withdrawal statement.
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Old 05-11-2007, 02:49 PM
34 posts, read 194,399 times
Reputation: 24
Thank you Buckhead Broker.

I am going to go look at the contract and try to find that information in there. I appreciate your post.
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Old 05-11-2007, 03:25 PM
Location: Burlington County NJ
179 posts, read 620,456 times
Reputation: 221
If there's not a termination clause in the listing agreement, if it were me and I'm not an attorney, I would deliver a letter demanding the photos be updated to accurately reflect the current condition. If this isn't done within 3days (I know, you've already given her 2 months and feel free to state that in your letter), demand to be released from the listing agreement. If you do not receive the release, you will pursue any and all necessary actions to be released from the listing agreement. Thank goodness I have never received one of those letters, but I know agents that have. Your agreement is with broker/agency, not the agent so you will need to deal with the broker. When you re-list with another agency, they will want to see a copy of the termination agreement or release from listing agreement from your current listing company. Good luck on your move out of NJ.
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Old 05-11-2007, 06:33 PM
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 27,004,643 times
Reputation: 2661
We do complicate life.

First thing call the Agent. Tell her you have had it and want out. More than half the time that will do it. Once the Agent is clear that you mean it she will either let you go or you will get a call from her broker. He will try to get you to go with someone else. But if you are turned off by the organization just decline and ask for an unconditional withdrawal. May take a day or two but nobody really wants to hold on to a really annoyed customer.

Remove the sign if up and place it along side your garage or so. Make it clear no more showings.

This will take care of it 90 or 95% of the time. If you have had the misfortune to find one of the odd ball bad boys come back here for the escalation instructions.
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Old 05-11-2007, 10:13 PM
34 posts, read 194,399 times
Reputation: 24
Thank you for your advice olecaptain. I think I am going to need those further escalation instructions asap if you don't mind.

I didn't contact the agent first...as I felt I tried so hard with her for this past month that I just don't desire to talk with her about it any longer..seems I have been beating a dead horse!! She had her chance to make it right.

I left a voice mail and an email for the broker. I explained everything above to the broker and she sent me the lamest email I have ever seen. Oh my.
I don't even know how to put it into words - she completely skirted the issues at hand and rectified nothing. She didn't even address the fact that my agent used the previous owner's photos.

Soo..I emailed her back in a much more stern manner making myself and my issues quite clear. I told her due to the lack of professionalism I have recieved I no longer wish to do business with the agent or her company and would like an unconditional withdrawl.

Being that it is a Friday night, of course I won't be getting a reply right away.

So it seems she is one of those odd ball bad boys you have spoken of. Sigh. I so did not need this right now on top of all the other pressures I have. I'm so stressed out.

I would appreciate advice on the next steps I need to take in order to finalize this.

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Old 05-11-2007, 11:14 PM
Location: Palm Coast, Fl
2,248 posts, read 6,960,257 times
Reputation: 987
I suggest you call the board they belong to and voice your concerns, their lack of co-operation and ask for their guidance. Tell them you want out of the contract with the agency, that you do not feel they are doing their job, and the board will handle it with the broker. That will get you the unconditional release in the quickest time possible. Everyone should remember...we all are members of a governing board locally, as well as members of the governing boards of the state. The local board will assist you.
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Old 05-12-2007, 12:20 AM
34 posts, read 194,399 times
Reputation: 24
Thanks for your help, palmcoasting.

I think that is a wonderful idea, and I wasn't aware I could do that! I'm about to sound clueless here (because I am lol) but, where do I find out what board they belong to - would it be listed on their site somewhere? Oh I will definitely be doing this.

I'm sick over all of this and can't sleep. So I am on here for a bit. I truly appreciate all of the advice..it helps ease the stress a little to have some help!

I did go ahead and emailed the realtor as well - just so she she isn't clueless as to what's going on..and more so, so she doesn't call me when the broker talks to her. After pointing out why I am dissatisfied and want out of the deal, I also told her not to call me to try and work it out. I gave her ample time and she blew it..and thats what I told her.

Thanks again for listening and giving advice. See ...there are still some nice and helpful people out there somewhere....I might just have a little hope left yet!
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