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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53721
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My name is i signed a listing aggrement in order to sell my

Customer Question

my name is ***** ***** signed a listing aggrement in order to sell my home located in gavilan hills close to riverside ca.on 5/5/16.I now want to cancell the listing due to lack of interest
on the agents behalf.I have had only one showing in the last 61 days.she did not give me a copy of the contract .I have asked several times for a copy of said contract to no avail.she left a notice of cancellation in my mailbox on friday 7/22/16 ten days after I requested the cancellation now she wants 310.00 for her said expenses.
is there any thing I can do to avoid this expence.
thank you
fred w.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Richard replied 3 months ago.

Hi Fred. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

Don't pay her a dime! Rather, raise the stakes on her. Agents so often are just like yours in that they overpromise to get the listing and then underperform once the contract is signed. You can get this listing agreement terminated. 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 provides, 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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