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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55317
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a contract with a realtor who is not showing my

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I have a contract with a realtor who is not showing my property I have talked with a friend who wants to buy the property and has never talked to the realtor can I terminate the contract with the realtor and sell the property the very next day?

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

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. With regard to selling it the next day, you want to make sure that the termination agreement specifically provides you both with a full release from any obligations to each other under the agreement. Once you have that, you can sell the property without risk. Even if you don't get this, if the friend was never shown the property, you're likely still in the clear after the termination.

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