Real Estate Agent Problems

fortune · ‎03-14-2010

My son is selling his condo. It is unoccupied. He hired a real estate agent who keeps telling him what to do to the place. She hasn't followed any of his instructions--how the listing is written and the poor quality of the pictures she posted.

When he asks her if she's showed the place yet, she changes the subject. We don't think she has showed it at all.

They signed a contract that lasts until the end of March. Is there any way he can break the contract without paying a fine?

Thanks for your suggestions!!!

millieshops · ‎03-09-2010

I hope this agent was well vetted before any contract was signed.

I also hope the agent is a part of a larger office, so that there's someone above her to speak with.

Hopefully, too, son was presented with a marketing plan he can provide - it should have been in writing.

Assuming most of this is true, I'd ask for a meeting with the agent and if I didn't finally get satisfaction, I'd go above her head to the head broker.

BUT - son also has to be able to show he has put the condo in selling order - clean and neat, priced sensibly compared to what else is on the market or was sold within the last 3 months. . No agent can manufacture clients for a property not ready for market.

Something's wrong if it hasn't even been shown!

KingstonsMom · ‎03-09-2010

Most realtors will let you out of a listing contract if you're unhappy, because they know if they don't, all your son has to do is make it impossible for her/him and any other realtor to show the property and it comes a waste of time, advertising, etc.

My DD & SIL just went through the same thing and were released with no type of penalty.

I worked for our area Board of Realtors for a lot of years and have dealt with 100's of real estate companies as members and I've never heard of any not letting an unhappy client out of their listing contract.

You never know how strong you are until being strong is the only choice you have.

millieshops · ‎03-09-2010

@KingstonsMomGlad you added that to what I said. When I was listing and selling, we never held anyone to a contract EXCEPT when they asked out in order to sell the property to a buyer we had already brought and we could document that showing! That amounts to theft of services. Doesn't sound as if that's going on in this case - they should let the son out without any money involved - at least in the states where I know the law.

CelticCrafter · ‎03-09-2010

When my parents passed away and we were selling the house, we listed with an agent that came highly recommended and other than printing out comps in the neighbhorhood and listing it on the MLS website, he did absolutely nothing. Not a showing, not an open house, nothing.

After three months I contacted the agency owner and was released from the contract. Listed with a new agent and the house was sold within a week of the first open house.

KingstonsMom · ‎03-09-2010

@millieshops wrote:
@KingstonsMomGlad you added that to what I said. When I was listing and selling, we never held anyone to a contract EXCEPT when they asked out in order to sell the property to a buyer we had already brought and we could document that showing! That amounts to theft of services. Doesn't sound as if that's going on in this case - they should let the son out without any money involved - at least in the states where I know the law.

Exactly. The listing agreement mainly protects the realtor's commission.

He needs to read his listing contract, if there is any penalty for cancelling before it expires, it should clearly be listed there, but I've never heard of that in any states I've dealt with either.

You never know how strong you are until being strong is the only choice you have.

Carmie · ‎10-25-2010

You probably won't care for my answer too much, but I am going to be honest.

When any property is listed it is added to the MLS so that the information is available to any and all realtors out there to show and or sell. Many times the listing agent never shows the house at all. It is not unusual for another agent to sell the house.

Many times a house is sold before pictures can be posted to the MLS.

The #1 reason a property does not sell or is on the market for a long time is because the asking price is too high. Things that can affect the price is location, condition, lack of AC or the addition of AC. Off street parking or a garage is a factor too.

Your son might contact his agent and go over the listing price and making sure it is close to market value. Is the property clean and clear.... As in nothing that has to be removed before anyone can move in? Old beat up furniture and personal belongings should be removed.

The agent should have contacted your son to go over selling points if there are no showings.

Most agents will release the seller without a fee just for the asking. It actually cost the RE money to have a listing that hasn't sold.

best of luck to your son.

sandraskates · ‎06-26-2014

Hi @fortune

Your son's agent doesn't always have to be the one to show the place.

Do you know if there is a lockbox placed on the door so other agents could get in to show the property to their clients? If so, they usually leave their "calling cards" to be collected by the listing agent. Your son could take a look and see if any have been dropped and get an idea if the place is showing.

If it turns out there are a lot of cards yet no offers, then there is a problem - price too high, repairs need addressing, freshen up and clean inside, etc.

Good luck to him!