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Old 08-22-2010, 12:31 PM
 
1 posts, read 2,104 times
Reputation: 11

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My home has been listed for 1 1/2yrs @ present. We suspect that our agent has lied to us several times and has fabricated possible offers that never came to the table. Is there a legal way in which we can cancel this contract. We resigned up again in Feb and he says that cannot do anything until next Feb of 2011. Promised two times to put on SA MLS (Sabor) but nothing yet. Also told us a great story of a person interested in our house in Feb to get us to relist--never heard about this possible buyer again. This story too long to tell all here but---HOW CAN WE FIRE HIM LEGALLY?? WHEN COULD WE RELIST OUR HOME AFTER FIRING? I WAS TOLD THAT WE COULD GIVE HIM A 30 DAY LETTER OF FIRING AND THEN 30 DAYS AFTER THE NOTICE WE COULD RELIST OR BE FREE OF HIS LISTING? DOES ANYONE KNOW ABOUT THESE 30 DAY NOTICES. ALSO IF WE JUST TAKE OFF THE MARKET, WHEN CAN WE RELIST OR SELL BY OURSELVES. ANY HELP WOULD BE APPRECIATED.....
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Old 08-22-2010, 03:11 PM
 
135 posts, read 506,378 times
Reputation: 105
You should carefully read the contract and see what outs it gives you and also visit a lawyer to help you interpret it or make you aware of laws you may not be aware of.
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Old 08-22-2010, 07:23 PM
 
Location: San Antonio-Westover Hills
6,878 posts, read 18,223,046 times
Reputation: 5152
Sounds like you need to talk to his broker...and if that doesn't get you anywhere, contact an attorney.
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Old 08-22-2010, 07:50 PM
 
Location: Stone Oak
487 posts, read 981,565 times
Reputation: 329
Just tell him you are not happy with his service and want to cancel your contract. If he says no, call his broker. The broker will try to pass you off to one of his other agents but hold your ground. If all else fails, threaten to call the Texas Real Estate Commission and then follow through.
Honestly, he should just give it up and walk away. No Realtor wants to work with someone that is not happy with them. It is NO fun for either party.
You can sign up with another agent as soon as you like. Your only obligation you have to your old agent is if a buyer comes back to purchase your house . . . that was a direct result of HIS marketing efforts. As in was your house listed with him when they first saw the house.

Seriously, you should have no trouble making a change.
Surely you weren't serious that your home has not been listed in MLS??? Maybe I misunderstood. You should never list with anyone who is not a member of SABOR and a licenced Realtor!
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Old 08-22-2010, 08:15 PM
 
Location: San Antonio
80 posts, read 122,961 times
Reputation: 53
Are you sure your realtor is licensed? You can go to the TREC (Texas Real Estate Commission) website www.trec.state.tx.us and find out for sure. It will also tell you who your realtor's broker is. If they are their own broker then file a complaint. I've never seen a listing (other than commercial) for a whole year. They usually range from 4 - 6 months. Good luck.
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Old 08-23-2010, 07:04 AM
 
Location: San Antonio
437 posts, read 779,467 times
Reputation: 282
I don't understand why he'd refuse to terminate the listing agreement or why he had you enter into a new one back in February. If he hasn't put your house on MLS, he must not be that interested in selling it. Doesn't he want to earn a commission?

All the advice posted so far is excellent.
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