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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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I live in Queens, NY - my parents who are both on the deed,

Customer Question

I live in Queens, NY - my parents who are both on the deed, signed "Listing Agreement For Real Property Exclusive Right to Sell" Agreement is good til 12/30/2016 with a local real estate office. We are less than happy with her performance as far as listing our property online, she left out all the comments we wanted her to put online (all of our upgrades, improvements etc.) , she took lousy pictures of our home and posted them online and she's marching people in and out of our house and they only walk thru and leave within minutes. We are starting to think these "buyers" are staged to come in and LOOK like she's bringing in people and working hard for us.Are we legally bound to this lousy Agent? Do we have any rights? The house is worth around $640,000 and she signed for 3.5% . How do we fire her? Can we fire her without her being able to collect her commission on sale of house if we use any other means of selling? If so, how do we get proof that the Agreement is null and voided?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 5 months ago.

Hello and welcome! My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

I am very sorry that you are dealing with this situation. This are difficult situations to deal with and in general the only recourse a seller has is to take the house off the market and wait until the expiration of the listing term and then relist with a different agent. I realize that this is not very practical.

Often agents do not like to work with clients that are not happy. If she is not ta principle broker at the agency you should discuss this situation with her supervising broker and request that she sign a mutual release and termination of the list agreement.

Another option and perhaps your best option if she or office is not willing to terminate the contract mutually and sign a waiver and release is to file a complaint against her with the NYS Division of Licensing Services: http://www.dos.ny.gov/licensing/complaint.html

The fact you suspect that she is staging buyers is misconduct that you should report on your behalf. If the NYS decides there is misconduct this likely would result in her agreeing to mutual terminate the agreement.

The issue with terminating is how the standard termination clause reads which typically says seller can terminate for any reason but if they do they are subject to paying commissions and costs associated with listing the property. It is a unfair provision and leaves the seller feeling powerless when they feel they have hired a bad agent.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Customer: replied 5 months ago.
I thank you for your honesty and I was not surprised that I now have a sticky situation. These agents are tricky and fast to make you sign things, since our area is now facing a downturn in real estate we were eager to get on board before it was too late.
Expert:  J. Warren replied 5 months ago.

I wish you the best of luck and hope for the best outcome.

Expert:  J. Warren replied 4 months ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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