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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55132
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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How do we get out of a listing contract early? It was signed

Customer Question

How do we get out of a listing contract early? It was signed with 6 months listing time or a $800 early termination fee. We feel there was poor communication (showing house without our notice, etc.), mismatched personalities, etc. how can we get out from under this bad seed without paying this ridiculous termination fee that we feel we never were explained about.
Thank you in advance,
Ryan
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi there. What you want to do is raise the stakes on them. You should send the agent a certified letter, with a copy to the agent's broker, telling the agent that you are totally dissatisfied with their services and demand that they agree to voluntarily terminate the listing agreement effective immediately. Inform them if they do not agree, then you will have no choice but to file: i) a formal complaint with the state board of realtors; and ii) a civil suit against them for your damages, BUT inform them that you will not only be filing this suit as a breach of contract suit, but also as a deceptive trade practices act for their intentional misrepresentation of the services to be provided and the process, which will entitle you to punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your complaint and your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the agent will agree to a termination rather than risk punitive damages. the deceptive trade practice judgment, and the bad publicity that accompanies such a suit.

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Customer: replied 1 year ago.
Would emailing them the letter (it is Keller Williams Realty) with a read and delivery receipt yield the same results?
Expert:  Richard replied 1 year ago.

Thanks for responding. Yes, that would be acceptable as well. :)

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